PERRY v. LOCKHART

Nos. 86-2262, 86-2287.

871 F.2d 1384 (1989)

Eugene Wallace PERRY, Appellant, v. A.L. LOCKHART, Director, Arkansas Department of Corrections, Appellee. Eugene Wallace PERRY, Appellee, v. A.L. LOCKHART, Director, Arkansas Department of Corrections, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 10, 1989.

Rehearing and Rehearing Denied June 16, 1989.


Attorney(s) appearing for the Case

Jeff Rosenzweig, Little Rock, Ark., for appellant Singleton.

Jo Ann Goldman, Little Rock, Ark., for appellant Perry.

Clint Miller, Asst. Atty. Gen., Little Rock, Ark., for appellee.

Before JOHN R. GIBSON, FAGG and WOLLMAN, Circuit Judges.


Rehearing and Rehearing En Banc Denied June 16, 1989.

WOLLMAN, Circuit Judge.

Eugene Wallace Perry appeals the district court's denial in part of the habeas corpus relief Perry requested. The State cross-appeals the order setting aside Perry's sentence of death. We affirm in part, reverse in part, and remand for reinstatement of the death sentence.

On the evening of September 10, 1980, the bodies of Kenneth Staton and his daughter, Suzanne Ware, were...

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