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Criminal Procedure Keyed to Ohlin
Payne v. Tennessee
Citation:
501 U.S. 808 (1991)Facts
Petitioner, Pervis 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. The victims of Payne’s offenses were 28-year-old Charisse Christopher, her 2-year-old daughter Lacie, and her 3-year-old son Nicholas. Payne entered the Christophers’ apartment and began making sexual advances with Charisse. Charisse resisted and Payne became violent. The neighbor called the police after she heard a blood curdling scream from the Christopher’s apartment. During the sentencing phase of the trial, the State presented the testimony of Charisse’s mother. When asked how Nicholas had been affected by the murders of his mother and sister, she responded: “He cries for his mom. He doesn’t seem to understand why she doesn’t come home.” In arguing for the death penalty, the prosecutor commented on the continuing effects of Nicholas’ experience.
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