Oct 12, 1:31 PM EDT

Appeals court overturns death sentence in 1985 Ohio slaying

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CINCINNATI (AP) -- A federal appeals court has overturned the death sentence of an Ohio man convicted of aggravated murder in a 1985 slaying.

The 6th U.S. Circuit Court of Appeals in Cincinnati ruled Wednesday that the judge in 62-year-old Percy Hutton's trial didn't instruct jurors on all the circumstances they could review in determining a sentencing recommendation.

The Cleveland man was convicted in 1986 of aggravated murder and other charges. Authorities said he fatally shot Derek Mitchell and tried to kill another man in a dispute over a sewing machine.

The appeals court's 2-1 ruling instructs a district court to order Hutton's release unless the state grants a new sentencing hearing within 180 days.

Ohio Attorney General's spokesman Dan Tierney says that office is reviewing the ruling and whether to appeal it.

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