NASHVILLE, Tenn. (WTVF) — Tennessee resumed state executions earlier this year.
But the next death row inmate, scheduled to die next Tuesday, brings a list of potential complications.
Most notably, Byron Black and his lawyers claim he has an intellectual disability and that his execution would violate the Eighth Amendment. They’re now asking the US Supreme Court to step in and stop the execution.
At this time, the Tennessee Supreme Court says there’s not enough evidence of his incompetency to warrant a competency hearing.
Complicating things further is Black’s heart defibrillator implant. His attorneys say the device would shock him during the execution in an attempt to restore his heart’s normal rhythm.
The state disputes that claim, saying even if shocks were triggered, Black wouldn’t feel them.
After much back and forth on time and place, a judge ruled they would take him to Nashville General Hospital to turn off the implant the morning of the execution.
A week ago, the TN Department of Correction appealed that decision.
Late Wednesday evening, Byron Black made a motion urging the Tennessee Supreme Court to deny TDOC’s application for an appeal.
Also on Wednesday, Nashville General Hospital weighed in, saying they have no role in State executions and that this goes beyond its contract with TDOC to take care of its patients. A spokesperson confirmed Black will not have his device turned off at their facility.
All of this is taking place just days before the death row inmate’s scheduled lethal injection.
Black was convicted of murdering his ex-girlfriend and her two young children three decades ago.
Nikki is set to be a media witness for the execution on August 5. We will be there to keep you updated on the outcome.
Do you have more information about this story? You can email me at nikki.hauser@newschannel5.com.
Songwriters collaborate with adults with disabilities, writing beautiful new songs
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