Legal Opinion

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

Court of Appeals for the Eighth Circuit

Decided April 24, 1985No. 83-2607PublishedCited by 161 opinions

1Opinion of the Court

ARNOLD, Circuit Judge.

Carl Albert Collins was convicted by a jury of capital felony murder and sentenced to death. The District Court 1 dismissed his petition for habeas corpus, and he appeals. We affirm the District Court’s holding that Collins’s conviction was valid. But as to the sentence of death, we agree with Collins that one of the aggravating circumstances found by the jury (that the murder was committed for pecuniary gain) duplicated one of the elements of the crime itself (that the murder was committed in the course of a robbery). This double counting of one aspect of the evidence,…

2Cases cited44 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Gregg v. GeorgiaSupreme Court of the United States · 1976
  3. Furman v. GeorgiaSupreme Court of the United States · 1972
  4. Zant v. StephensSupreme Court of the United States · 1983
  5. Pulley v. HarrisSupreme Court of the United States · 1984

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3Cited by161 opinions

  1. Williams v. TaylorSupreme Court of the United States · 2000
  2. Lockhart v. FretwellSupreme Court of the United States · 1993
  3. Robert Glen Coe, Petitioner-Appellee/cross-Appellant v. Ricky Bell, Warden, Respondent-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 1999
  4. State v. MiddlebrooksTennessee Supreme Court · 1992
  5. People v. GatesCalifornia Supreme Court · 1987

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