Tennessee Supreme Court Reverses Byron Black Execution Order

Tennessee supreme Court Rules Against Defibrillator Delay in Execution, Cites Inmate’s Health Concerns

Nashville, TN – The Tennessee Supreme Court has ruled that the state cannot deactivate an inmate’s life-sustaining defibrillator on the day of his execution in order to prevent a perhaps agonizing death, stating that a lower court’s order effectively stayed their execution mandate. The ruling comes as the state prepares to execute Byron Black, who suffers from a condition requiring an implantable cardioverter-defibrillator (ICD).

The Davidson County Chancellor, Russell Perkins, had initially ordered that Black’s ICD be deactivated prior to his execution, a procedure described as “a kick in the chest from a horse” by the inmate’s legal team, aimed at preventing a potentially torturous death. The state sought to modify this injunction, proposing the deactivation occur the day before the execution.However,Black’s attorneys refused this alternative,insisting it must be done on the morning of the execution,which the Supreme Court deemed an overreach of trial court authority.

“A trial court does not have the authority to stay, modify, or condition this Court’s execution order,” the Supreme Court stated in its unanimous opinion. The court acknowledged that if Black’s legal team and the state can agree on a method for deactivating the ICD prior to the execution date, their ruling does not prohibit such an arrangement.

Adding complexity to the situation, Nashville General Hospital, initially cited by the state as agreeing to deactivate the ICD on-site, has denied any such approval and stated they woudl not participate in execution-related proceedings.

In response to the Supreme Court’s decision, Black’s attorneys have filed a request for a stay of the execution, pending resolution of the ICD issue.The high court has yet to rule on this motion.

The legal battle coincides with a significant interfaith rally held at the American Baptist College, where religious and political leaders urged Governor Bill Lee to grant Black clemency. Citing Black’s intellectual disabilities and declining physical health, organizers, including Tennesseans for Alternatives to the Death Penalty, called for the governor’s intervention.Speakers at the rally highlighted recent court rulings by SCOTN and the U.S. Supreme Court that deem the execution of intellectually disabled individuals unconstitutional. Despite these developments, Black’s requests to challenge his death sentence have been consistently denied. The rally commenced with prayers for Black’s victims, Angela Clay and her two daughters, whom he murdered in 1988.

Tim Hughes,vice president of Nashville’s NAACP branch,voiced a powerful plea: “Let Tennessee not be the state that knowingly executes people with intellectual disabilities and dementia. Let us instead be the state that chooses compassion over cruelty and mercy over machinery.”

What specific evidence regarding Byron Black’s childhood was presented to support claims of intellectual disability?

The Stay of Execution & Legal challenges

On July 31st, 2025, the Tennessee Supreme Court issued a surprising reversal, staying the execution of Byron Black, originally scheduled for August 7th. This decision halts the planned lethal injection and throws the case back into legal scrutiny. The initial execution order stemmed from Black’s 1988 conviction for the murders of Phillip Hazel and Johnny Allen. The reversal isn’t an exoneration, but a response to newly presented evidence regarding Black’s intellectual disability and the constitutionality of Tennessee’s execution protocols.

Original sentencing: Byron Black was sentenced to death in 1989.

Victims: Phillip Hazel and Johnny Allen were the victims in the 1988 case.

Key Issue: The core of the legal challenge revolves around intellectual disability and its impact on capital punishment.

Newly Presented Evidence: intellectual Disability Claims

The Tennessee Supreme Court’s decision hinges on recent filings by Black’s legal team, presenting updated psychological evaluations. These evaluations suggest a significantly lower IQ than previously assessed,perhaps placing Black below the threshold for execution as defined by Atkins v. Virginia (2002). This landmark Supreme Court case prohibits the execution of individuals with intellectual disabilities.

The defense argues that earlier testing was flawed and didn’t adequately account for Black’s upbringing and potential trauma. They presented evidence of:

1. Childhood Trauma: A history of severe abuse and neglect impacting cognitive development.
2. Low IQ Scores: Recent testing indicates scores consistently below 70, a common benchmark for intellectual disability.
3. Adaptive Functioning Deficits: Demonstrable difficulties with everyday living skills, further supporting the claim.

Tennessee’s Execution Protocols Under Scrutiny

Beyond the intellectual disability claim, the court also signaled concerns regarding the state’s method of lethal injection. Recent legal battles across the US have focused on the constitutionality of three-drug protocols, with arguments centering on whether they constitute cruel and unusual punishment.

Drug Shortages: Difficulty sourcing the drugs used in lethal injection has led to concerns about their quality and potential for causing undue suffering.

Medical Professionals: The increasing reluctance of medical professionals to participate in executions raises ethical and logistical challenges.

Legal Precedents: Challenges to lethal injection protocols in other states, like Oklahoma and Alabama, are influencing the Tennessee case.

The Role of Atkins v. Virginia and Eighth Amendment Rights

The Atkins v. Virginia ruling is central to Black’s appeal. The Supreme Court held that executing individuals with intellectual disabilities violates the Eighth Amendment’s prohibition against cruel and unusual punishment. Determining intellectual disability requires assessing:

IQ Testing: Standardized tests measuring cognitive abilities.

Adaptive Functioning: An individual’s ability to cope with everyday life demands.

Onset: Evidence that the disability existed before the age of 18.

The Tennessee court must now determine if the new evidence sufficiently demonstrates that Black meets these criteria. This involves a careful review of the psychological evaluations, educational records, and testimony from experts.

Impact on Tennessee’s Death Penalty Landscape

This stay of execution and subsequent review have broader implications for Tennessee’s death penalty system. It highlights the ongoing debate surrounding capital punishment, especially concerning vulnerable populations.

Moratorium Calls: Advocacy groups are renewing calls for a moratorium on executions in Tennessee, pending a thorough review of the state’s capital punishment laws.

Increased Scrutiny: The case is likely to lead to increased scrutiny of other death penalty cases in Tennessee, with defense attorneys potentially filing similar appeals based on intellectual disability claims.

Legislative Debate: the situation coudl spark legislative debate regarding the definition of intellectual disability and the standards for determining competency for execution.

Byron Black Case Timeline: Key Dates

| Date | Event |

|————-|——————————————-|

| 1988 | Murders of Phillip hazel and Johnny Allen |

| 1989 | Byron Black sentenced to death |

| July 31, 2025 | Tennessee Supreme Court stays execution |

| August 7, 2025| Original execution date |

Resources for Further Information

tennessee Supreme Court: https://www.tncourts.gov/

Death Penalty Information Centre: https://deathpenaltyinfo.org/

* American Civil Liberties Union (ACLU) of Tennessee: https://www.aclu-tn.org/