Case Citator › Perry v. Lockhart

Perry v. Lockhart

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

Criticized by some courts
Court
Eighth Circuit
Citation
871 F.2d 1384
Decided
Confirmed treatments
1
Flagged citations read
31 of 31
Citing cases (total)
31
Treatment dates
1994
Criticized by some courts
At least one reviewed court has criticized this case’s reasoning. No reviewed court has overruled it. Perry v. Lockhart has been criticized: all 31 flagged citations have been read, with the confirmed treatment listed below. A federal district court preferred a contrary analysis of whether an aggravating factor may duplicate a capital murder element and urged reconsideration, but recognized that Perry remained binding.
More on how this was screened

Later courts continued to apply Perry or reported its overruling of Collins v. Lockhart.

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.

31 later cases cite Perry v. Lockhart; 31 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 Perry v. Lockhart?

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

Criticized

  • A federal district court favored a contrary analysis of capital sentencing factors and called for reconsideration of Perry, while applying it as binding Eighth Circuit law.

    Ruiz v. Norris · E.D. Ark. · filed

    This Court is inclined to agree with the Tennessee Supreme Court. It believes that this issue should be re-examined either by the Eighth Circuit or the United States Supreme Court. However, this Court is bound by the holdings of the Eighth Circuit, and, at this time, Perry, and not Collins, is the law in this Circuit. Thus, even if this Court had found that there was an overlap in the crime of conviction and one of the aggravating factors, it would be bound by the Perry decision.
    Read the full opinion on CourtListener →

Does this case still carry your argument?

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