HUTCHISON, BRANDON S.

GENERAL INFORMATION

DOB: December 16, 1974
Race: White
Gender: Male

CRIME AND TRIAL

County of conviction: Lawrence
Number of counts: Two
Race of victim: White/white
Gender of victim: Male/male
Date of crime: December 31, 1995
Date of sentencing: November 18, 1996

TRIAL COUNSEL:

Current proceedings:

• Retrial of penalty phase, following Missouri Supreme court's partial grant of post-conviction relief.

Last judicial decision:

• Denial of petition for cert by the US Supreme Court, Hutchinson v. Missouri, 2005 WL 115788 (October 3, 2005)

CURRENT COUNSEL:

Melinda Kay Pendergraph
Office of the Public Defender
3402 Buttonwood
Columbia, MO 65201
571-882-9855

REPORTED OPINIONS:

• Denial of 29.15 motion affirmed in part (as to built phase) and reversed in part (as to penalty phase), by Hutchison v. State,  150 S.W.3d 292 (Mo. banc 2004)
   
• Denial of 29.15 relief reversed and remanded for evidentiary hearing by Hutchison v. State, 59 S.W.3d 494 (Mo. banc 2001)
   
• Conviction and sentence affirmed on direct appeal by State v. Hutchison, 957 S.W.2d 757 (Mo. banc 1997)

SIGNIFICANT LEGAL ISSUES:

• trial counsel held ineffective for failing to discover and present evidence of Mr. Hutchison's limited intellectual functioning (including his IQ of 76), learning disabilities, bipolar disorder and alcoholism, history of sexual abuse as a child, and family history of alcoholism, substance abuse and mental illness.
   
• State's failure to disclose plea agreement with key prosecutorial witness
   
• Trial court's exclusion of out-of-court statement given to police by another individual that he shot the two victims

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