HAYES

v.

LOCKHART, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION

Citator

Cited By

• Kenley v. Armontrout, 937 F.2d 1298 (8th Cir. 1991)
  …. Lockhart, 852 F. 2d 339, 349 (8th Cir.1988) (psychiatric report stating defendant did not have mental disease or. defect but documenting alcohol problem and anti-social personality disorder admitted as mitigating evidence), rev’d on other grounds, 491 U.S. 902, 109 S.Ct. 3181, 105 L.Ed.2d 691 (1989). The other potentially damaging information consists principally of Kenley’s anti-social behavior, violence and arrests (not convictions) when he was a minor. His sole conviction was already in evidence. Had…
• Singleton v. A.L. Lockhart, 962 F.2d 1315 (8th Cir. 1992)
  …d by Teague v. Lane and its progeny, for we hold that in the face of Singleton’s knowing, intelligent waiver, Wellen-berger was under no duty to do otherwise than he did. In Hayes v. Lockhart, 852 F. 2d 339 (8th Cir.1988), vacated on other grounds, 491 U.S. 902, 109 S.Ct. 3181, 105 L.Ed.2d 691 (1989), we stated that defense counsel should not have been faulted for honoring the defendant’s desire that his sister not be called to testify during the penalty phase of the trial. Id. at 348. In Smith v. Armontro…
• Girtman v. A.L. Lockhart, 942 F.2d 468 (8th Cir. 1991)
  …te “trial strategy” rather than ineffective assistance. See Hayes v. Lockhart, 852 F. 2d 339, 346 (8th Cir.1988), (rejecting ineffective assistance claim where prosecutor made inflammatory remarks at the closing statement), vacated on other grounds, 491 U.S. 902, 109 S.Ct. 3181, 105 L.Ed.2d 691 (1989) (Hayes). Second, the prosecution’s misstatement was cured by the trial court’s jury instructions (which stated that attorneys’ remarks were not evidence, and that the defendant was required to establish only a…