Question
case brief on Payne v. Tenessee I. Heading - identify the case by party names and citation (include the date). II. Facts - include only
case brief on Payne v. Tenessee
I. Heading - identify the case by party names and citation (include the date).
II. Facts - include only those facts that are significant to the specific legal issue being decided by the court. (Payne defendant, injured Nicholas, killed Sharise and his sister Lacy, dude is drunk and high, officers encounter Payne leaving covered in blood, (says he's the complainant and then hits the officer with his duffle bag?) hid out at his girlfriends down the hall, Gets convicted, and then appeals on the grounds of the victim impact evidence and prosecutors closing argument (impatent controversial argument of what has happened). his psychologist claimed he was mentally handicapped but not psychotic, his girlfriend said they met at church and that he's a really lovely person)
III. Procedural History - explain how the case made its way to the current level of review
IV. Issue - the legal question the court is faced with answering that has been raised in the case. (whether victim impact statement violate the 8th amendment)
V. Rule - what law (statutes, constitutional provisions, prior cases or administrative rules) did this court apply to enable them to solve the legal question(s) raised in this case? (Booth vs Maryland, South Carolina v Gathers and Gregg v Georgia)
VI. Analysis - explain how the court applied the legal rule(s) to the facts in deciding the answer to the question posed by the issue in this case.
VII. Conclusion - did the court affirm, reverse, remand? This should be a very short statement of the outcome.
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