TBA Law Blog

TBA Law Blog

Tennessee AG, Nashville DA at Odds on Death Sentence Commutation

Posted by: Kate Prince on Nov 8, 2022
News Type: Legal News

Tennessee Court of Criminal Appeals Judges Camille R. McMullen, Robert H. Montgomery Jr. and Tom Greenholtz on Tuesday heard arguments in the death sentence commutation case of Byron Black, the Tennessean reports. Black filed a motion last year to be deemed intellectually disabled which, per a new state law, could make him ineligible for the death penalty. A Nashville judge tossed the case earlier this year, saying that two prior decisions on Black’s intellectual disability ruled out a review under the new law. Black’s legal team argued that since their client’s claim wasn’t heard under the new standard, the pathway should apply to him. Davidson County District Attorney Glenn Funk had agreed with Black’s team on the trial level, but the Tennessee attorney general’s office is fighting their appeal. The state argues the new law was intended to be extremely limited and not to include anyone who has previously had an intellectual disability case decided on the merits. The appeals judges are expected to issue a written order.

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