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    Pervis Tyrone Payne - Tennessee Death Row




    Facts of the Crime:

    Sentenced to death on March 11, 1988 in a Tennessee state court for the murder on June 27, 1987 of Charisse Christopher and her daughter, Lacie Christopher. Charisse Christopher was 28 years old, divorced, and lived in Hiwassee Apartments, in Millington, with her two children, three-and-a-half-year-old Nicholas and two-and-a-half-year-old Lacie.

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    No. 05-9829 *** CAPITAL CASE ***
    Title:
    Pervis T. Payne, Petitioner
    v.
    Ricky Bell, Warden
    Docketed: March 21, 2006
    Linked with 05A588
    Lower Ct: United States Court of Appeals for the Sixth Circuit
    Case Nos.: (02-5551)
    Decision Date: July 22, 2005
    Rehearing Denied: October 21, 2005

    ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
    Dec 28 2005 Application (05A588) to extend the time to file a petition for a writ of certiorari from January 19, 2006 to March 20, 2006, submitted to Justice Stevens.
    Jan 4 2006 Application (05A588) granted by Justice Stevens extending the time to file until March 20, 2006.
    Mar 17 2006 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 20, 2006)
    Apr 3 2006 Order extending time to file response to petition to and including May 22, 2006.
    May 22 2006 Brief of respondent Ricky Bell, Warden in opposition filed.
    Jun 7 2006 DISTRIBUTED for Conference of June 22, 2006.
    Jun 26 2006 Petition DENIED.
    Jul 21 2006 Petition for Rehearing filed.
    Aug 10 2006 DISTRIBUTED.
    Sep 1 2006 Rehearing DENIED.

    http://www.supremecourt.gov/Search.a...es/05-9829.htm

  3. #3
    Senior Member CnCP Legend Mike's Avatar
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    State Supreme Court Denies Hearing On Death Row Inmate’s Claim Of Intellectual Disability

    The Tennessee Supreme Court has denied a request by a death row inmate to have a hearing to determine whether he is eligible to be executed because he is intellectually disabled, concluding that the procedural avenues he sought to use in this case do not entitle him to such a hearing.

    Pervis Tyrone Payne was convicted by a Shelby County jury in 1988 of two counts of first degree murder and one count of assault with intent to commit first-degree murder. Payne was sentenced to death for each of the two murders. The convictions and sentences were upheld by the Tennessee Supreme Court and the United States Supreme Court in the early 1990s. Since then, Payne has pursued numerous secondary reviews of the case in the state and federal courts, all of which were unsuccessful.

    In 2001, the Tennessee Supreme Court held that the federal and state constitutions prohibit the execution of individuals who are intellectually disabled. In this case, Payne asserted that he is entitled to a hearing to determine whether he meets the legal definition of intellectually disabled.

    The Court determined that the many theories advanced by Payne do not create a right to a hearing on his claim of intellectual disability. One of the theories considered by the Court included Payne’s reliance on a recent United States Supreme Court decision from Florida, Hall v. Florida, regarding the use of IQ scores and other factors in determining intellectual disability. The Tennessee Supreme Court held that Hall did not apply retroactively and thus did not provide an avenue for the hearing that Payne was seeking in this case.

    http://www.chattanoogan.com/2016/4/7...earing-On.aspx

    If anyone wants to read the denial here's a link.

    https://www.tncourts.gov/courts/supr...tate-tennessee
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    Administrator Helen's Avatar
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    Case files: New appeals for Tennessee death row inmates

    By Stacey Barchenger
    The Tennessean

    Lawyers have filed motions in Tennessee courts on behalf of condemned inmates that present a new, and perhaps unexpected, course of attack on the death penalty: Citing the U.S. Supreme Court ruling legalizing same-sex marriage nationwide. The motions seek to re-open the condemned inmates' cases.

    They argue that the Supreme Court justices in the 2015 same-sex marriage case, known as Obergefell, ruled that courts cannot infringe on fundamental rights, including the right to life. The inmates say that to impose a death sentence infringes on that right.

    Many of those motions have been denied by judges, though a few are still pending.

    Here are some of those cases:

    Pervis Payne, Shelby County, motion denied: Payne was convicted of stabbing a Millington, Tenn., woman and her 2-year-old daughter to death in 1987.

    http://www.tennessean.com/story/news...ates/91294878/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
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    “There are some people who just do not deserve to live,”
    - Rev. Richard Hawke

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    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court DENIED Payne's petition for certiorari.

    Lower Ct: Supreme Court of Tennessee, Eastern Division
    Case Nos.: (W2013-01248-SC-R11-PD)
    Decision Date: April 7, 2016
    Rehearing Denied: April 29, 2016

    https://www.supremecourt.gov/search....les/16-395.htm

  6. #6
    Administrator Aaron's Avatar
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    Article

    3 Tennessee death row inmates lose Supreme Court appeals

    WASHINGTON (AP) — The Supreme Court has rejected appeals from three Tennessee death-row inmates who say they should not be executed because they are intellectually disabled.

    The justices on Monday left in place state court rulings upholding the death sentences of inmates Pervis Payne, Michael Sample and Vincent Sims.

    The three men said Tennessee has refused to apply a 2014 Supreme Court ruling that affects inmates with borderline cases of intellectual disability.

    The Supreme Court ruling prohibited states in borderline cases from relying only on intelligence test scores to determine whether a death row inmate is eligible to be executed.

    The issue in the Tennessee cases was whether that decision should apply to older cases.

    The Supreme Court outlawed the execution of intellectually disabled prisoners in 2002.

    http://wkrn.com/2017/03/20/3-tenness...court-appeals/

    Seems the article incorrectly listed Sample. They are correct about the other two though.
    "You can't get rich in politics unless you're a crook." - Harry Truman

  7. #7
    Administrator Moh's Avatar
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    In today's opinions, the US Court of Appeals for the Sixth Circuit DENIED Payne leave to file a successive habeas petition. The panel was made up of Judges Rogers (G.W. Bush), Sutton (G.W. Bush) and Cook (G.W. Bush).

    http://www.opn.ca6.uscourts.gov/opin...8a0067n-06.pdf

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    In today's orders, the United States Supreme Court declined to review Payne's petition for certiorari.

    Lower court: Court of Criminal Appeals of Tennessee, Western Division
    Case Nos.: (W2016-2326-CCA-R28-PD)
    Decision date: August 1, 2017
    Rehearing denied: November 21, 2017
    "You can't get rich in politics unless you're a crook." - Harry Truman

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