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Tennessee Executes Byron Black Without Deactivating Defibrillator

The state Supreme Court’s reversal of a lower court order has raised questions about constitutional protections, medical ethics

This undated file photo provided by the Tennessee Department of Correction shows Byron Black. The Tennessee Supreme Court on Thursday, Dec. 3, 2020, indefinitely postponed the execution of death row inmate Byron Black. In a brief order issued on Thursday, the court wrote that Black's execution is stayed pending a further order by the court “because of the multiple issues caused by the continuing COVID-19 pandemic.”
This undated booking photo provided by the Tennessee Department of Corrections shows Byron Black.
Image
Byron Lewis Black, right, listens to testimony during his murder trial alongside his attorney, Assistant Public Defender Ross Alderman, in Metro’s Circuit Court at the Davidson County Courthouse on March 9, 1989.

Overview

  • Byron Black, 69, was put to death at 10:43 a.m. on August 5 at Riverbend Maximum Security Institution with his implantable cardioverter-defibrillator left active
  • A Davidson County judge ordered the device deactivated in mid-July, but the Tennessee Supreme Court overturned that ruling on July 31
  • The U.S. Supreme Court declined to intervene and Gov. Bill Lee denied clemency on August 4, clearing the way for Tuesday’s execution
  • Witnesses reported Black cried out “It’s hurting so bad,” and his attorneys said they will review autopsy results and defibrillator data to assess his experience
  • Black’s request for a new intellectual disability hearing was blocked under a 2021 state law barring repeat claims after a merits ruling