PAYNE
v.
VIRGINIA

U.S. | 1984-07-05
No. 82-6935
468 U.S. 1062 Supreme Court of the United States (1984) Positive Treatment
Also reported at: 82 L. Ed. 2d 801 · 104 S. Ct. 3573 · SCDB 1983-174 · 1984 U.S. LEXIS 157
Cited by 6 cases
Per_curiam
Per Curiam.

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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Grady v. Corbin, 495 U.S. 508 (U.S. 1990)
    …Firearms to be proved’ ” in the felony-murder trial, the Court unanimously held that the subsequent prosecution was barred by the Double Jeopardy Clause. Harris, supra, at 682-683, and n. (quoting Brief in Opposition 4). See also Payne v. Virginia, 468 U. S. 1062 (1984). As we later described our reasoning: “[W]e did not consider the crime generally described as felony murder as a separate offense distinct from its various elements. Rather, we treated a killing in the course of a robbery as itself a separate…
  • United States v. Benchimol, 471 U.S. 453 (U.S. 1985)
    …udgment of the Court of Appeals is Reversed. * * Our summary reversals are not as one-sided as the dissent claims. See per curiam reversals in Smith v. Illinois, 469 U. S. 91 (1984); Thompson v. Louisiana, 469 U. S. 17 (1984); Payne v. Virginia, 468 U. S. 1062 (1984).…
  • Colorado v. Connelly, 474 U.S. 1050 (U.S. 1986)
    …of us. I can only repeat: “One can only hope that this day too will soon pass.” Wainwright v. Witt, 469 U. S., at 463 (Brennan, J., dissenting). The four eases since Florida v. Meyers decided in favor of a criminal defendant are: Payne v. Virginia, 468 U. S. 1062 (1984) (per curiam); Thompson v. Louisiana, 469 U. S. 17 (1984) (per curiam); Smith v. Illinois, 469 U. S. 91 (1984) (per curiam); and Lanier v. South Carolina, ante, p. 25 (per curiam). The seven cases decided in favor of the warden or prosecutor d…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw