Supreme Court of the United States, 1984

Payne v. Virginia

Supreme Court of the United States · Decided September 18, 1984 · Per Curiam

468 U.S. 1062; 104 S. Ct. 3573; 82 L. Ed. 2d 801; 1984 U.S. LEXIS 157 (United States Reports)

Cases that cite this one

19 later published cases cite this decision.

People v. Garcia (Mich. 1995)
Boulies v. People (Colo. 1989)
State v. Garza (S.D. 2014)
People v. Garcia (Mich. Ct. App. 1994)
People v. Carrillo (Ill. App. Ct. 1993)
Walden v. Commonwealth (Ky. 1991)
State v. Penwell (W. Va. 1997)
Peterson v. Bass (Va. Ct. App. 1986)
State v. Ladson (Ohio Ct. App. 2017)
Lemke v. Rayes (Ariz. Ct. App. 2006)
United States v. Conley (District Court, W.D. Pennsylvania 1993)
People v. Gonzalez (Mich. Ct. App. 1992)
Com. v. Kemmerer (Pa. 1991)
Commonwealth v. Kemmerer (Pa. 1991)
Woodward v. State (Miss. 1988)
Watson-Buisson v. Baron (District Court, E.D. Virginia 2021)
Grady v. Corbin (Supreme Court of the United States 1990)
United States v. Benchimol (Supreme Court of the United States 1985)
Colorado v. Connelly (Supreme Court of the United States 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Per Curiam.

This petition for certiorari seeks review of a judgment of the Supreme Court of Virginia rejecting petitioner’s double jeopardy challenge to a conviction for robbery which followed a prior conviction for capital murder committed during the perpetration of the robbery while armed with a deadly weapon. In this case, as in Harris v. Oklahoma, 433 U. S. 682 (1977) (per curiam), where “conviction of a greater crime, murder, cannot be had without conviction of the lesser crime, robbery . . . , the Double Jeopardy Clause bars prosecution for the lesser crime after conviction of the greater one.” Ibid. See also In re Nielsen, 131 U. S. 176, 188 (1889).

Accordingly, the motion for leave to proceed in forma pauperis is granted, the petition for writ of certiorari is granted, and the judgment of the Supreme Court of Virginia is reversed. Harris v. Oklahoma, supra.

It is so ordered.

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