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Hutchison v. State12/7/2004
Opinion Vote: AFFIRMED IN PART; REVERSED IN PART; REMANDED.
White, C.J., Stith and Teitelman, JJ., and Rahmeyer, Sp .J., concur; Limbaugh, J., concurs in part and dissents in part in separate opinion filed; Price, J., concurs in opinion of Limbaugh, J. Russell, J., not participating.
Opinion:
INTRODUCTION
Brandon Hutchison was convicted of two counts of first-degree murder and sentenced to death. This Court affirmed the convictions on direct appeal. The court overruled Hutchison's Rule 29.15 post-conviction motion. On appeal, this Court, without addressing the other issues raised, remanded the post-conviction motion for hearing on whether the state failed to reveal a plea agreement with the primary witness against Hutchison. After the hearing on remand, the court again denied relief. All issues raised by Hutchison relating to his post-conviction motion are now before this Court.
The denial of relief as to the guilt phase of the trial, including the denial of relief on the state's alleged failure to disclose a plea agreement with the primary witness against Hutchison is affirmed.
As to the penalty phase of Hutchison's trial, however, this Court concludes that Hutchison's trial attorneys were ineffective for failing to investigate and present evidence of his impaired intellectual functioning. Counsel have a duty under the United States Constitution to conduct a reasonable investigation and to present evidence of impaired intellectual functioning -- evidence that is inherently mitigating -- in the penalty phase of a murder trial.
The judgment is affirmed as to the guilt phase of the trial. The judgment is reversed as to the penalty phase of the trial. Pursuant to Rule 84.14, a new penalty phase trial is ordered. The case is remanded.
BACKGROUND
Hutchison, Michael Salazar and Freddy Lopez were charged with first-degree murder for their participation in the murders of Brian and Ronald Yates after a New Year's Eve party at Lopez's home on December 31, 1995. Salazar shot and severely wounded the Yates brothers at Lopez's home. Salazar, Lopez and Hutchison then transported the victims in the trunk of Lopez's car to another location, where Salazar and Hutchison removed the victims from the trunk and Hutchison fatallyshot the victimsusing Lopez's gun. The bodies were left by the side of the road. Hutchison and Salazar fled to California where they were apprehended several days later.
Hutchison and Salazar were tried and convicted of first-degree murder in separate trials, and Lopez pled guilty to second-degree murder. Hutchison was tried first and was sentenced to death for his role in the murders. Freddie Lopez was the State's main witness against Hutchison. Salazar was tried after Hutchison and was sentenced to life in prison without parole. Lopez did not testify at Salazar's trial. Lopez was sentenced to ten years in prison.
Hutchison was represented at his trial by two attorneys who had no experience in defending murder cases and who had never tried a capital case. They spent nearly the entire time before trial preparing for the guilt phase and virtually no time preparing for the penalty phase. Hutchison's trial counsel retained only one expert, who had no independent knowledge of Hutchison. Hutchison's parents paid for his trial defense and could not provide extra money for experts and other discovery expenses. Hutchison's attorneys did not investigate Hutchison's life history or obtain any records documenting his troubled background and his mental and emotional deficits.
Before, during and after Hutchison's trial, Lopez's attorney and the prosecutor had d
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