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Legal Opinion

Payne v. Commonwealth

Supreme Court of Virginia

Decided January 8, 1999No. Record 980559; Record 980879PublishedCited by 48 opinions

1Opinion of the Court

*220SENIOR JUSTICE STEPHENSON

delivered the opinion of the Court.

Eric Christopher Payne received two death sentences in each of these appeals. Although Payne has waived his appeals of right, former Code § 17-110.1 (now Code § 17.1-313) mandates that we review the death sentences nonetheless. In this review, we consider and determine whether the sentences were imposed “under the influence of passion, prejudice or any other arbitrary factor” and whether the sentences are “excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.” Former Code…

2Cases cited19 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. North Carolina v. PearceSupreme Court of the United States · 1969
  3. Brown v. OhioSupreme Court of the United States · 1977
  4. Whalen v. United StatesSupreme Court of the United States · 1980
  5. Illinois v. VitaleSupreme Court of the United States · 1980

14 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Winston v. Com.Supreme Court of Virginia · 2004
  2. Powell v. CommonwealthSupreme Court of Virginia · 2004
  3. Coleman v. CommonwealthSupreme Court of Virginia · 2001
  4. Bailey v. CommonwealthSupreme Court of Virginia · 2000
  5. Yarbrough v. CommonwealthSupreme Court of Virginia · 1999

43 more not listed; retrieve them via the Exa API.

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