TBA Law Blog


Posted by: Azya Thornton on Feb 24, 2025

The Tennessee Supreme Court has declined a request to consider a legal dispute over whether the state attorney general (AG) can take control of some post-conviction proceedings in death penalty cases from local district attorneys. According to the Nashville Banner, the court’s decision could remove the last obstacle to setting new execution dates. The AG's office historically has represented the state in capital post-conviction proceedings involving challenges to a person’s conviction or death sentence. Litigation followed the passage of a new state law in 2023, which gave the attorney general's office exclusive control over post-conviction cases in trial courts as well, where defendants can raise claims about legal errors, new evidence of innocence or proof of intellectual disability. No executions have taken place in Tennessee since 2020, but last week, the AG's office asked the state Supreme Court to set execution dates for five people on death row.