TBA Law Blog


Posted by: Kate Prince on Apr 27, 2021

A measure that would allow death row inmates to appeal their sentence on intellectual disability grounds was passed by the Tennessee legislature last night, the Tennessean reports. The bill could create an opportunity for death row inmate Pervis Payne to avoid execution if the court acknowledges his intellectual disabilities. Payne was convicted of double murder in 1987 and sentenced to death despite unanswered questions around the evidence and arguments from his legal team that he has a particularly low IQ. The bill says inmates with intellectual disabilities must suffer from "general intellectual functioning" that is "significantly" below average level among other stipulations. Defense attorneys can petition the trial court to examine the inmate's mental competency, but prosecutors are allowed to appeal the decision. The bill now heads to Gov. Bill Lee’s desk for his signature.