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PAYNE v. TENNESSEE

No. 90-5721.

501 U.S. 808 (1991)

111 S.Ct. 2597

115 L.Ed.2d 720

PAYNE v. TENNESSEE

Supreme Court of United States.

Decided June 27, 1991.

Attorney(s) appearing for the Case

J. Brooke Lathram argued the cause and filed briefs for petitioner.

Charles W. Burson, Attorney General of Tennessee, argued the cause for respondent. With him on the brief was Kathy M. Principe, Assistant Attorney General.

Attorney General Thornburgh argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Starr, Assistant Attorney General Mueller, Deputy Solicitor General Bryson, and Stephen L. Nightingale.*

CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

In this case we reconsider our holdings in Booth v. Maryland, 482 U.S. 496 (1987), and South Carolina v. Gathers, 490 U.S. 805 (1989), that the Eighth Amendment bars the admission of victim impact evidence during the penalty phase of a capital trial.

Petitioner, Pervis...

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