Payne V. Tennessee Court Cases

Payne v. Tennessee (90-5721), 501 U.S. 808 (1991)

1. History: The petitioner 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.

2. Facts: When the first police officer arrived at the scene, he immediately encountered Payne who was leaving the apartment building, so covered with blood, Payne struck the officer with the overnight bag, dropped his tennis shoes, and fled. Payne was apprehended later that day hiding in the attic of the home of a former girlfriend. As he descended the stairs of the attic, he stated to the arresting officers, "Man, I aint killed no woman." According to one of the officers, Payne had "a wild look about him. His pupils were contracted. He was foaming at the mouth, saliva. He appeared to be very nervous.

3. Issues: The Eighth Amendment bars the admission of victim impact evidence during the penalty phase of a capital trial. (1) is enough to prove Payne's worthiness of the conviction.

4. Decision: The jury returned guilty verdicts against Payne on all counts.

5. Opinions: During the sentencing phase of the trial, Payne presented the testimony of four witnesses: his mother and father, Bobby Thomas, and Dr. John T. Huston, a clinical psychologist specializing in criminal court evaluation work. Bobbie Thomas testified that she met Payne at church, during a time when she was being abused by her husband. She stated that Payne was a very caring person, and that he devoted much time and attention to her three children, who were being affected by her marital difficulties. She said that the children had come to love him very much and would miss him, and that he "behaved just like a father that loved his kids." She asserted that he did not drink, nor did he use drugs, and that it was generally inconsistent with Payne's character to have committed these crimes.

6. Judgment: Death

Daniel Henderson

Tennessee v Garner U.S.S. Ct 1985

1.History: The use of deadly force is not justifiable, unless the arrest is for a felony; and the person effecting the arrest is authorized to act as a peace officer; or is assisting a person whom he believes to be authorized to act as a peace officer, and the actor believes that the force employed creates no substantial risk of injury to innocent persons; and the actor believes that the crime for which the arrest is made involved conduct including the use or threatened use of deadly force; or there is a substantial risk that the person to be arrested will cause death or serious bodily harm if his apprehension is delayed

2.Facts: Officers were dispatched to answer a "prowler inside call." They saw a woman standing on her porch and gesturing toward the adjacent house. She told them she had heard glass breaking and that "they" or "someone"

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