Tennessee death row inmate appeals intellectual disability case denial

This photo provided by the Tennessee Department of Corrections shows Byron Black. On Tuesday, March 29, 2022, a judge dismissed a motion to declare death row inmate Black intellectually disabled, a move that would have prohibited his upcoming execution. (Tennessee Department of Corrections via AP, File) This photo provided by the Tennessee Department of Corrections shows Byron Black. On Tuesday, March 29, 2022, a judge dismissed a motion to declare death row inmate Black intellectually disabled, a move that would have prohibited his upcoming execution. (Tennessee Department of Corrections via AP, File)

By KIMBERLEE KRUESI / Associated Press June 3, 2022 2 min read

NASHVILLE, Tenn. (AP) – A Tennessee death row inmate is appealing a state trial court’s dismissal of his request to be declared intellectually disabled, which would make him ineligible for execution.

Earlier this year, Senior Judge Walter Kurtz ruled that federal courts had previously determined Byron Black was not intellectually disabled and therefore was ineligible to have the decision considered once again.

Kurtz handed down his decision even though Nashville’s top prosecutor and Black’s lawyers agreed he should not be put to death due to his intellectual disability.

On Wednesday, Black’s attorneys filed a motion asking the Tennessee Court of Criminal Appeals for a hearing to prove that executing Black would would violate the state’s Constitution.

“The trial court’s refusal to let him prove this under current law, if allowed to stand, would permit the state to knowingly and willfully violate the law by executing someone who is intellectually disabled,” said Kelley Henry, Black’s attorney, in a statement.