Case law · Highest court · Federal

Payne v. Tennessee

Decided
September 13, 1991
Docket
90-5721
Status
Published
Jurisdiction
Federal

Cited 3,458 timesNo negative treatment found in this library

What later courts said

  • holding that the Eighth Amendment erects no per se bar against the admission of victim impact evidence and prosecutorial argument — State v. Reid (2002)
  • holding that the Eighth Amendment erects no per se bar against the admission of victim impact evidence and prosecutorial argument — State v. Thacker (2005)
  • recognizing that the prosecution has a legitimate interest in adducing proof that "`the victim is an individual whose death represents a unique loss to society'" — State v. Young (2006)

Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.

How the opinion begins

[*811] Chief Justice Rehnquist delivered the opinion of the Court.

In this case we reconsider our holdings in Booth v. Maryland, 482 U. S. 496 (1987), and South Carolina v. Gathers, 490 U. S. 805 (1989), that the Eighth Amendment bars the admission of victim impact evidence during the penalty phase of a capital trial.

Petitioner, Pervis Tyrone Payne, was convicted by a jury on two counts of first-degree murder and one count of assault with intent to commit murder in the first degree. He was sentenced to death for each of the murders and to 30 years in prison for the assault.

Cite this

Payne v. Tennessee, 501 U.S. 808 (1991)

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