Case Citator › Carl Albert Collins v. A.L. Lockhart, Director of the Arkansas Department of Correction

Carl Albert Collins v. A.L. Lockhart, Director of the Arkansas Department of Correction

Is it still good law? What later courts have actually done to this case.

Overruled
Court
Eighth Circuit
Citation
754 F.2d 258
Decided
Confirmed treatments
2
Flagged citations read
46 of 46
Citing cases (total)
46
Treatment dates
1986–1989
Overruled
A reviewed court has overruled this case. Collins v. Lockhart's rule against using an offense element again as a capital sentencing aggravator was overruled after Lowenfield v. Phelps. The Eighth Circuit reached that holding in Perry v. Lockhart, and the Supreme Court later said in Williams v. Taylor that Perry correctly decided Lowenfield required the overruling.
More on how this was screened

All 46 flagged citations were read; the 2 confirmed treatments are listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

46 later cases cite Carl Albert Collins v. A.L. Lockhart, Director of the Arkansas Department of Correction; 46 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Carl Albert Collins v. A.L. Lockhart, Director of the Arkansas Department of Correction?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled

  • The Eighth Circuit held that Lowenfield displaced Collins's rule that an aggravating circumstance cannot duplicate an element of the capital offense.

    Perry v. Lockhart · Eighth Circuit · filed

    We cannot now give Perry the benefit of Collins. Although the Supreme Court did not disturb Collins when it had the explicit opportunity to do so in 1985, it has since, as we hold today, implicitly overruled that case in Lowenfield.
    Read the full opinion on CourtListener →

Declined to follow

  • The Tennessee Court of Criminal Appeals declined to follow Collins's double-counting rule for a Tennessee robbery-murder sentence because it viewed Arkansas's statutory scheme as different.

    Strouth v. State · Tennessee Court of Criminal Appeals · filed

    Collins v. Lockhart involves Arkansas’s slightly different statutory scheme, and we therefore decline to follow the Eighth Circuit’s opinion on this point.
    Read the full opinion on CourtListener →

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