Associated PressAssociated Press
This photo provided by the Tennessee Department of Corrections shows Byron Black. Tennessee last week set three new execution dates for inmates in 2022, driving the total number of executions planned this year to five. The state had temporarily halted executions during the pandemic but is currently planning one execution every other month beginning in April. Last week, the Tennessee Supreme Court set execution dates for Donald Middlebrooks, Byron Black, and Gary Wayne Sutton. (Tennessee Department of Corrections via AP) (ASSOCIATED PRESS)

Nashville, Tennessee. The judge dismissed the motion to declare the death row 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266 800-381-0266

Senior Judge Walter Kurtz wrote that federal courts had previously determined that Byron Black was not intellectually disabled and therefore was ineligible to have the decision considered again. Despite an agreement between Nashville's district attorney and Black's lawyers that he is intellectually disabled and should not be put to death, the decision was 45 pages long.

Black is scheduled to be executed on August 18 for the murders of his girlfriend and her two young daughters.

Black's attorneys had argued that he should not be executed because of a new law that made Tennessee's prohibition against executing people with intellectual disability retroactive.

Related video: Texas lawmakers want to stop execution for mother of 14

Captions will look like this

The time is running out for a Texas mother on death row. There is a push to exonerate her for the death of her daughter.

The new state law does not apply to death row inmates who have previously received a ruling from a court.

The federal courts resolution of the intellectual disability claim can be seen as nothing more than an adjudication on the merits under the legal and medical principles which are embodied in the most recent version of Tennessee law.

Black was found guilty in a Nashville court in the deaths of his girlfriend and her daughters. He shot the three at their home because he was jealous. Black was on work release when he shot Clay's estranged husband.

The lead prosecutor in Nashville announced that he agreed with Black's legal team that the prisoner was intellectually disabled and should be sentenced to life in prison.

Susan Redmond Vaught, who was one of the state's experts in the 2004 determination, has now said that Black is intellectually disabled. Another expert made a determination.

The courthouse doors are closed even though the law has changed, said Kelley Henry, Black's attorney.

There are five executions scheduled for Tennessee in the year 2022. The state has not put anyone to death since February of 2020 because of the COVID-19 epidemic. The execution of Black was scheduled for October 2020, but was delayed twice by the Pandemic.

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