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Jenkins v. Hutton

Docket No.16-1116
Op. Below6th Cir.

Holding

On the facts of this case, the U.S. Court of Appeals for the 6th Circuit was wrong to hold that it could review Percy Hutton's claim -- that the trial court violated his due process rights during the penalty phase of his trial -- under the miscarriage-of-justice exception to procedural default.

Judgment

Reversed and remanded, n/a on Jun 19, 2017.

Proceedings & orders timeline

Mar 10, 2017
Petition for a writ of certiorari filed. (Response due April 17, 2017)
Mar 10, 2017
Appendix of Charlotte Jenkins, Warden filed.
Apr 5, 2017
Order extending time to file response to petition to and including May 1, 2017.
May 1, 2017
Brief of respondent Percy Hutton in opposition filed.
May 1, 2017
Motion for leave to proceed in forma pauperis filed by respondent Percy Hutton.
May 15, 2017
Reply of petitioner Charlotte Jenkins, Warden filed. (Distributed)
May 16, 2017
DISTRIBUTED for Conference of June 1, 2017.
Jun 5, 2017
DISTRIBUTED for Conference of June 8, 2017.
Jun 12, 2017
DISTRIBUTED for Conference of June 15, 2017.
Jun 19, 2017
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jun 19, 2017
Petition GRANTED. Judgment REVERSED and case REMANDED. Opinion per curiam. (Detached Opinion)
Jul 14, 2017
Petition for Rehearing filed.
Aug 3, 2017
DISTRIBUTED.
Aug 25, 2017
Rehearing DENIED.
Aug 25, 2017
JUDGMENT ISSUED.

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