TBA Law Blog


Posted by: Stacey Shrader Joslin on Nov 18, 2021

Shelby County District Attorney General Amy Weirich announced this afternoon that her office is dropping its pursuit of the death penalty against death row inmate Pervis Payne. It also filed notice with the criminal court that it is withdrawing its request for a hearing on the issue of intellectual disability, the Commercial Appeal reports. That hearing had been set for Dec. 13. The reason, according to Weirich, is because a state expert examined Payne as well as available records "and could not say that Payne's intellectual functioning is outside the range for intellectual disability.” Both the U.S. and Tennessee supreme courts have ruled it is unconstitutional to execute someone with an intellectual disability. In April, state legislators created a new law allowing death row inmates to appeal their sentences on intellectual disability grounds. Payne’s legal team filed an appeal soon after the governor signed the bill into law. Payne's attorney Kelley Henry applauded today's decision saying, "We look forward to Mr. Payne’s resentencing hearing. This is some measure of justice for Mr. Payne and his family, but our fight for full exoneration of this innocent man will continue." Read her full statement.