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Pervis Tyrone Payne - Tennessee Execution - Stayed
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Thread: Pervis Tyrone Payne - Tennessee Execution - Stayed

  1. #1
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    Pervis Tyrone Payne - Tennessee Execution - Stayed




    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.

  2. #2
    Administrator Moh's Avatar
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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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  4. #4
    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/
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  5. #5
    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.
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  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

  8. #8
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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
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  9. #9
    Senior Member CnCP Legend Mike's Avatar
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    State Attorney General Seeks Execution Dates for Nine Death Row Prisoners

    By Steven Hale
    Nashville Scene

    Tennessee Attorney General Herbert Slatery is asking the Tennessee Supreme Court to set execution dates for nine more men, including the four remaining death row prisoners from Nashville.

    The request for more execution dates came without warning. Slatery’s office filed motions asking for the dates on Sept. 20 — the same day the AG announced he would challenge Nashville Criminal Court Judge Monte Watkins’ decision to vacate the death sentence of Abu-Ali Abdur’Rahman at the request of Nashville District Attorney Glenn Funk. Slatery took aim at Watkins and Funk — both of whom are elected officials — in a press release announcing the legal challenge, calling the decision to drop

    Abdur’Rahman’s death sentence “unlawful” and “unprecedented.” Funk said he stands by his position, while Abdur’Rahman’s attorney Bradley MacLean called the AG’s move “unprecedented” and said the state is “bound” by Watkins’ order.

    The AG can seek execution dates for a death row prisoner once the prisoner has exhausted the three-tier appeals process. The state Supreme Court decides when the executions will take place. In February 2018, Slatery sought a slew of execution dates and asked for them to be scheduled in quick succession, citing concerns about the state’s ability to carry out lethal injections beyond June of that year. The state Supreme Court ultimately blocked the AG’s request for the rush of executions.

    Excluding Abdur’Rahman — whose execution had been scheduled for April 16, 2020 — there are two more men scheduled to be executed in the coming months: Lee Hall on Dec. 5 and Nicholas Sutton on Feb. 20.

    The men for whom the AG is seeking execution dates are below:

    Pervis Payne (Shelby County), who was convicted for the 1987 murders of Charisse Christopher and her two-year-old daughter, Lacie, as well as the assault of Christopher’s three-year-old son, Nicholas.

    Like the five men who have been executed since August 2018, many of the men above have a history of severe mental illness.

    The Scene received this response from Assistant Federal Public Defender Kelley Henry:

    We learned of the request for mass executions late yesterday after receiving the requests in the mail. Seven of the nine are represented by my office. All of the remaining Davidson county cases are included in the request. We were surprised by the request for mass executions. Each case is unique and represents a number of fundamental constitutional problems including innocence, racism, and severe mental illness. We will oppose the appointed Attorney General’s request.

    https://www.nashvillescene.com/news/...-row-prisoners
    Last edited by Mike; 09-24-2019 at 09:29 AM.
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  10. #10
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    Tennessee inmates ask court to stop execution scheduling, argue death penalty rooted in racism

    NASHVILLE - One African American defendant was forced by a judge to represent himself at trial. Another was shackled in front of an all white jury during a sentencing hearing. And a third black defendant facing the death penalty is intellectually disabled.

    Those are some of the arguments made by defence attorneys in documents filed this week with the state U.S. Supreme Court in an attempt to stem the pace of executions in Tennessee, which has surged to the forefront nationally in its application of the death penalty. They also argue Tennessee's use of capital punishment is rooted in a racist past and is still plagued with inherent racism.

    Attorney General Herbert Slatery is seeking to set dates for the nine death row inmates, all men, to die. Four of the nine are African American. Attorneys for the inmates point out that the justices could keep Tennessee moving in the opposite direction of the country as a whole or could join the ranks of most states in trending away from executions.

    "While the standards of decency of the nation as a whole have evolved towards rejection of the death penalty, Tennessee has fallen out of step with the rest of the country -- particularly in the last eighteen months, during which the State has executed six of its citizens at a rate not seen since before 1960," attorneys for the inmates wrote.

    One of the inmates facing a possible execution date, Tony Carruthers, would be the first person in about a century to be put to death after being forced to represent himself at trial, supervisory assistant federal public defender Kelley Henry wrote in a filing.

    Carruthers and another man were convicted of the 1994 killing of three people in an attempt to corner the illegal drug trade in their Memphis neighbourhood.

    The trial judge refused to appoint another attorney after Carruthers, whose attorneys describe him as severely mentally ill, ran off about a half-dozen lawyers with threats or lack of co-operation, the filing said. A court has never weighed in on whether Carruthers' self-representation was constitutionally adequate, Henry wrote.

    Farris Morris, an African American man convicted of a 1994 double murder and rape, was shackled during his sentencing trial in sight of an all-white panel of jurors, according to the filing that seeks to block an execution date for him. Two jurors noted the shackles in affidavits, but a court said after his conviction that nothing in the trial record showed he was visibly shackled in front of jurors, the filing states.

    In the case of Pervis Payne, who is also African American, defence attorneys sought a court order last month to find out about evidence they now want tested for DNA: a bloody comforter, bloody sheets and a bloody pillow. Payne, who has maintained his innocence, was convicted of murder for the 1987 deaths of a woman and her 2-year-old daughter. Additionally, his attorney wrote that his execution would be illegal because he's intellectually disabled.

    Tennessee resumed executions in August 2018, and four of the six prisoners put to death since have chosen the electric chair, a method no other state has used since 2009.

    Another execution is scheduled for February, where Nicholas Todd Sutton is to be executed if Gov. Bill Lee doesn't intervene in the case.

    Slatery's office has said the motion to set execution dates "is not a prerogative" and "is required by state law," citing a state Supreme Court rule that the attorney general "shall file a motion requesting that this Court set an execution date" after the prisoner fails in at least one challenge within each of the three tiers of death penalty appeals.

    The rule doesn't specify how quickly the attorney general has to request execution dates.

    Slatery requested all nine execution dates on the same day in September he sought to reinstate a death sentence for Abu-Ali Abdur' Rahman, a black man who was resentenced to life in prison in August after raising claims that racism tainted the jury selection process. The state Supreme Court has since stayed his execution date of April 2020.

    Beyond the individual cases, the death row inmates' attorneys contend that Tennessee's application of the death penalty shows "the overt racism that led to the lynching of black citizens became ingrained in the justice system."

    They cited statistics that show African Americans make up 17% of the state's population, but about half of its death row inmates.

    There also is a geographic disparity: since 2001, only eight of Tennessee's 95 counties have imposed sustained death sentences. Almost half of the men on death row are from Shelby County, which includes Memphis and is Tennessee's largest county, but only includes less than 14% of the state population, the filing said.

    https://www.ctvnews.ca/world/tenness...cism-1.4753101
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