Opinion
2017-DR-01207-SCT
04-28-2022
James Cobb Hutto, III a/k/a James C. Hutto III a/k/a James C. Hutto a/k/a James Hutto III a/k/a James Hutto a/k/a Jamie Hutto a/k/a The Hitman a/k/a James Cobb Hutto v. State of Mississippi
Ruling Date: 05/28/2013.
Hinds Circuit Court 2nd District; LC Case #: 11-5005.
William Gowan, Jr., Ruling Judge
Disposition: James Cobb Hutto's Motion for Leave to File Rebuttal to Opposition to Motion for Appointment of Counsel for Representation for Successive Petition for Post-Conviction Relief is granted. The State's Motion for Leave to File Surrebuttal in Opposition to Motion for Appointment of Counsel for Representation for Successive Petition for Post-Conviction Relief is granted. Hutto's Motion for Appointment of Counsel for Representation for Successive Petition for Post-Conviction Relief is remanded to the Circuit Court of Hinds County for the court to take the following actions: a. Transport Hutto to the Circuit Court of Hinds County and have him make, with federal counsel present, an on the record statement under oath as to whether he wishes to proceed with a successive petition; b. If his answer is in the negative, the circuit court should enter an order to that effect, forward said order to this court, and take no further action; c. But if Hutto's answer is in the affirmative, the circuit court shall appoint Caroline K. Ivanov and Elizabeth Franklin-Best, or such other counsel as the trial court deems appropriate, to pursue a successive petition for post-conviction relief in the Mississippi Supreme Court; d. If Hutto's answer is in the affirmative, and after counsel is appointed, the successive application for leave to seek a motion for post-conviction relief shall be filed with the Mississippi Supreme Court within sixty days of the circuit court's order. Once the petition is filed, the State's response is due within thirty days. Once the State's response is filed, Hutto's reply is due within thirty days.
All Justices Agree.
Order entered 4/19/22.