Payne Vs. Tennessee

Payne vs. Tennessee

Citation. 501 U.S. 808, 1991 U.S. 3821

Facts. While under the influence of alcohol and cocaine, the Petitioner Pervis Tyrone Payne entered the apartment of 28-year-old Charisse Christopher and her two children, Lacie, age two and Nicholas, age three. The three lived across the hall from the Petitioners girlfriend. That day, the petitioner had made several attempts to see his girlfriend Bobby Thomas who was with her mother in Arkansas. He had planned on staying with her overnight, and had packed himself a bag that was left outside his girlfriend's apartment. Inside the bag were three cans of malt liquor.

After spending most of the day injecting cocaine and drinking beer, he decided to drive around town with a friend, drinking and reading porno magazines. At around 3:00 am he went back to the apartments and entered Ms. Christopher's apartment. He made sexual advances toward Ms. Christopher and she resisted. A neighbor who lived underneath Charisse's apartment could hear her yelling "Get out". The neighbor decided to call the police after hearing a loud scream from within the unit. When the police officer arrived, he ran into Payne who was in the process of fleeing the scene. The officer said that he was covered in so much blood that he appeared to be sweating it. When the officer asked him a question he struck the officer with his bag and took off.

Inside the apartment officers found the walls covered in blood and the bodies of the three victims. Nicholas, though being stabbed several times was still alive and breathing on the ground. He survived, but required several hours of surgery. Charisses body was found on the kitchen floor. She had received forty two stab wounds. Lacy was lying next to her mother. She had also been stabbed several times.

Pervis Tyrone Payne was convicted by a jury of two counts of murder. During his sentencing,