Scotuscast

In June, the Supreme Court issued per curiam opinions in two habeas cases: Jenkins v. Hutton and Virginia v. LeBlanc. In today’s episode, we will be discussing the opinions in both cases. -- Jenkins v. Hutton -- More than thirty years ago, an Ohio jury convicted Percy Hutton of aggravated murder, attempted murder, and kidnaping. The jury findings included aggravating circumstances that permitted imposition of the death penalty or life imprisonment. During the penalty phase of the proceedings, the jury was instructed that it could recommend a death sentence only if it unanimously found that the State had “prove[d] beyond a reasonable doubt that the aggravating circumstances, of which [Hutton] was found guilty, outweigh[ed] the [mitigating factors].” The jury recommended death, the trial court accepted that recommendation, and Hutton’s death sentence was affirmed on direct appeal. He eventually filed a habeas petition, arguing that the trial court denied him due process because it failed to tell the penalt