Legal Opinion

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

Court of Appeals for the Eighth Circuit

Decided December 17, 1983No. 82-1769PublishedCited by 17 opinions

1Opinion of the Court

BRIGHT, Circuit Judge.

Carl Albert Collins, the first Arkansas prisoner sentenced to death under an Arkansas statute drafted after the Supreme Court’s decision in Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), appeals from the district court’s denial of his writ of habeas corpus. We conclude that the total exhaustion rule of Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982), and considerations of comity require that Collins’ petition be held in abeyance pending Collins’ presentation to the Arkansas Supreme Court of his unexhausted claims and his claim…

2Cases cited16 opinions

  1. Gregg v. GeorgiaSupreme Court of the United States · 1976
  2. Rose v. LundySupreme Court of the United States · 1982
  3. Furman v. GeorgiaSupreme Court of the United States · 1972
  4. Robert Alton Harris v. R. Pulley, Warden of the California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 1982
  5. Collins v. StateSupreme Court of Arkansas · 1977

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3Cited by17 opinions

  1. Carl Albert Collins v. A.L. Lockhart, Director of the Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 1985
  2. Edward Charles Pickens v. A.L. Lockhart, Director, Arkansas Department of CorrectionsCourt of Appeals for the Eighth Circuit · 1983
  3. Thomas Winford Simmons v. A.L. Lockhart, Director, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 1990
  4. Jimmy Neuschafer v. Harol Whitley Attorney General for the State of Nevada, RespondentsCourt of Appeals for the Ninth Circuit · 1988
  5. Engberg v. StateWyoming Supreme Court · 1984

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