No Executions in TN for Those with Intellectual Disabilities

 Posted on September 19,2024 in Criminal Defense

Certain inmates on death row in Tennessee who are waiting on their execution date may have another chance for a reprieve. The death penalty in Tennessee is reserved for those who are convicted of a capital offense (murder, treason, genocide, or the killing or kidnapping of a Congressman, the President, or a Supreme Court Justice) and only when the jury specifically imposes such a penalty.

On April 26, 2021, HB 1062 passed the Tennessee House and the Senate. This bill created a procedure that allows death-row inmates to obtain judicial review of their sentence when they have an intellectual disability. The new law essentially makes it illegal to execute an individual who has a documented intellectual disability. While the law is retroactive, there is a "catch," which prevents a defendant from filing a new disability claim "if the issue of whether the defendant has an intellectual disability has been previously adjudicated on the merits."  

Although Governor Bill Lee announced in 2023 that Tennessee would not resume executions until problems with the execution protocol are fixed, a defendant may still be sentenced to the death penalty. A recent Tennessee case puts the new law in question and is detailed below. If you are facing any level of murder charges or any other violent crime charges in the state, it is essential that you speak to a knowledgeable Blount County, TN murder lawyer from Jeffrey Coller, Knoxville Criminal Defense Attorney.

How Did the Death Penalty Evolve for Intellectually Disabled Individuals?

In 1986, a man on death row in Georgia was executed, despite a determination that his IQ was 65. At that time, the execution commenced under the theory that despite his intellectual disability, the man understood the nature of his crime. Between the years 1986 and 2002, many states – along with the federal government – began enacting death penalty prohibitions for those with intellectual disabilities, but none were retroactive.   

Tennessee was one of the first states to statutorily prohibit sentencing individuals with intellectual disabilities to death. Despite this, Tennessee and other states struggled to determine which individuals qualified as having intellectual disabilities and what level of proof was required to prove such a disability. "Proof" finally was determined to be based on the following:

• Subaverage intelligence with an IQ of 70 or below

• An intellectual disability that became apparent by the age of 18

• Deficits in adaptive behaviors

Tennessee made the issue of the death penalty for intellectually disabled individuals retroactive in 2021, yet today, a man with an intellectual disability remains on death row over what many see as a legal technicality.

The Tennessee Case That May Lead to the Unconstitutional Execution of a Death Row Inmate

A current TN case involves a man convicted and sentenced to death in 1988 for three deaths – the man’s girlfriend and her two young daughters. In 2004, this inmate sought to prove he was intellectually disabled, but the claim was rejected at the state and federal levels. Since TN made the law retroactive in 2021, the man filed a motion once again asking the Court to declare him intellectually disabled.

A technicality in the law has prevented him from being removed from death row because it states a defendant cannot file a new disability claim if the issue was previously adjudicated. So, while the state essentially acknowledges the inmate’s intellectual disability, his appeal has been denied because of the prior 2004 appeal.

Contact a Union County, TN Murder Lawyer

Being charged with any crime is an extremely stressful experience. Being charged with murder is especially frightening. Having an experienced Anderson County, TN violent crimes attorney from Jeffrey Coller, Knoxville Criminal Defense Attorney can make a positive difference in the outcome of such charges. Attorney Jeffrey Coller will vigorously defend those charged with serious crimes, creating a customized defense that takes into account specific circumstances and variables of the situation. Contact Jeffrey Coller, Knoxville Criminal Defense Attorney at 865-281-1000 to schedule your free consultation.