Evans v. Virginia

Background

Wilbert Lee Evans, a man convicted of capital murder in April 1981, was sentenced to death on June 1, 1981 after a jury recommended death based solely on a finding of "future dangerousness." To prove future dangerousness, prosecutors relied mainly on records of seven out‑of‑state convictions; the trial prosecutor later admitted he knew two of those records were false, and some other records were inaccurate or were obtained when Evans lacked counsel. While Evans’ direct appeal was pending, a Virginia decision (Patterson, Oct. 16, 1981) would likely have commuted his sentence to life if the State had disclosed the error, but the State continued to rely on the false records through appeal and in opposing certiorari.

Reasoning

The dissenting justice focused on whether the Court should review a sentence imposed after the State knowingly used false evidence and then concealed that misconduct through appeals. Citing the rule that a conviction or sentence obtained with prosecutors’ knowing use of false evidence is fundamentally unfair, the dissent concluded that a later resentencing alone did not undo the harm caused by the State’s concealment. The dissent argued the Virginia courts should assess, retroactively, whether the earlier rule would have required commuting the sentence.

Real world impact

Because the Court denied review, the Virginia courts’ decision and the man’s death sentence remained in effect. The denial leaves unresolved whether courts must bar a second attempt at a capital sentence when the State knowingly concealed false evidence on appeal. This action was not a final merits ruling and could be revisited in later proceedings.

Dissents or concurrances

Justice Marshall, joined by Justice Brennan, dissented from the denial and would have granted review to consider whether the State’s conduct required a retroactive application of the earlier Virginia rule.