Latest news with #lethalInjection
Yahoo
5 days ago
- Health
- Yahoo
Tennessee judge gives state leeway on deactivating inmate's heart-regulating device before execution
NASHVILLE, Tenn. (AP) — A Tennessee judge ruled on Tuesday that the state can deactivate a death-row inmate's implanted heart-regulating device at a hospital on the morning of his execution, rather than bringing a doctor or technician into the execution chamber. The ruling comes after Deputy Attorney General Cody Brandon told the judge they could not comply with an earlier order requiring Byron Black's implanted cardioverter-defibrillator to be turned off just prior to the injection of a lethal dose of pentobarbital on Aug. 5. In the Friday order, Davidson County Chancery Court Judge Russell Perkins agreed with Black's attorneys that not deactivating the device could cause Black to suffer needlessly as it continuously shocks him in an attempt to restore his heart's normal rhythm during the execution. At a Tuesday hearing on the issue, Brandon said Black's physicians at Nashville General Hospital are unwilling to come to the execution chamber. That means the Friday chancellor's order is, in effect, an order to stay the execution, which only the Tennessee Supreme Court has the power to do, he argued. Brandon asked the judge to either overturn his Friday order or allow the Tennessee Department of Correction to take Black to the hospital for the deactivation on Aug. 4. Kelley Henry, who represents Black, argued that the state should not be allowed to deactivate the device prematurely because doing so could result in Black's death while he still has the possibility of a last-minute reprieve. ' On August 4, we will still be in other courts seeking a stay of execution,' Henry said. She also said state officials had not really tried to find a doctor willing to come to the prison. She first brought the issue up with the Tennessee Department of Correction in early June, but it was not until the Friday order that they began to look into it, and then they only contacted Nashville General Hospital. 'It's like when you tell a teenager to clean up their room, and they pick up one sock,' she said. The implantable cardioverter-defibrillator is a small, battery-powered electronic instrument, surgically implanted in the chest, that serves as a pacemaker and an emergency defibrillator. Perkins noted in court on Tuesday that during a two-day hearing last week on the issue, a doctor testifying for Black said that deactivating the device is quick and doesn't require surgery, only a handheld machine. Meanwhile, the state did not present any testimony at the time that deactivation would be an administrative or logistical burden. In modifying his own order on Tuesday, Perkins wrote that it is obvious the state has 'taken only minimal steps' to comply with his Friday order. However, Perkins said he also wants to ensure that his ruling can't be construed as an attempt to interfere with the execution. 'I've lost sleep over this because I want to do the right thing,' Perkins said at the hearing. 'I want to honor the memories of these victims' while also making sure the execution is properly carried out. Black was convicted in the 1988 shooting deaths of girlfriend Angela Clay, 29, and her two daughters, Latoya, 9, and Lakeisha, 6. Prosecutors said Black was in a jealous rage when he shot the three at their home. At the time, Black was on work-release while serving time for shooting and wounding Clay's estranged husband. 'Had she not been killed, Lakeisha would be in her 40s today,' Brandon told the judge on Tuesday. 'Justice has waited 37 years. It should not wait any longer.' Black's motion related to his heart device came within a general challenge he and other death row inmates filed against the state's new execution protocol. The trial isn't until 2026.
The Independent
5 days ago
- Health
- The Independent
Tennessee judge gives state leeway on deactivating inmate's heart-regulating device before execution
A Tennessee judge ruled on Tuesday that the state can deactivate a death-row inmate's implanted heart-regulating device at a hospital on the morning of his execution, rather than bringing a doctor or technician into the execution chamber. The ruling comes after Deputy Attorney General Cody Brandon told the judge they could not comply with an earlier order requiring Byron Black 's implanted cardioverter-defibrillator to be turned off just prior to the injection of a lethal dose of pentobarbital on Aug. 5. In the Friday order, Davidson County Chancery Court Judge Russell Perkins agreed with Black's attorneys that not deactivating the device could cause Black to suffer needlessly as it continuously shocks him in an attempt to restore his heart's normal rhythm during the execution. At a Tuesday hearing on the issue, Brandon said Black's physicians at Nashville General Hospital are unwilling to come to the execution chamber. That means the Friday chancellor's order is, in effect, an order to stay the execution, which only the Tennessee Supreme Court has the power to do, he argued. Brandon asked the judge to either overturn his Friday order or allow the Tennessee Department of Correction to take Black to the hospital for the deactivation on Aug. 4. Kelley Henry, who represents Black, argued that the state should not be allowed to deactivate the device prematurely because doing so could result in Black's death while he still has the possibility of a last-minute reprieve. ' On August 4, we will still be in other courts seeking a stay of execution,' Henry said. She also said state officials had not really tried to find a doctor willing to come to the prison. She first brought the issue up with the Tennessee Department of Correction in early June, but it was not until the Friday order that they began to look into it, and then they only contacted Nashville General Hospital. 'It's like when you tell a teenager to clean up their room, and they pick up one sock,' she said. The implantable cardioverter-defibrillator is a small, battery-powered electronic instrument, surgically implanted in the chest, that serves as a pacemaker and an emergency defibrillator. Perkins noted in court on Tuesday that during a two-day hearing last week on the issue, a doctor testifying for Black said that deactivating the device is quick and doesn't require surgery, only a handheld machine. Meanwhile, the state did not present any testimony at the time that deactivation would be an administrative or logistical burden. In modifying his own order on Tuesday, Perkins wrote that it is obvious the state has 'taken only minimal steps' to comply with his Friday order. However, Perkins said he also wants to ensure that his ruling can't be construed as an attempt to interfere with the execution. 'I've lost sleep over this because I want to do the right thing,' Perkins said at the hearing. 'I want to honor the memories of these victims' while also making sure the execution is properly carried out. Black was convicted in the 1988 shooting deaths of girlfriend Angela Clay, 29, and her two daughters, Latoya, 9, and Lakeisha, 6. Prosecutors said Black was in a jealous rage when he shot the three at their home. At the time, Black was on work-release while serving time for shooting and wounding Clay's estranged husband. 'Had she not been killed, Lakeisha would be in her 40s today,' Brandon told the judge on Tuesday. ' Justice has waited 37 years. It should not wait any longer.' Black's motion related to his heart device came within a general challenge he and other death row inmates filed against the state's new execution protocol. The trial isn't until 2026.
Associated Press
5 days ago
- Health
- Associated Press
Tennessee judge gives state leeway on deactivating inmate's heart-regulating device before execution
NASHVILLE, Tenn. (AP) — A Tennessee judge ruled on Tuesday that the state can deactivate a death-row inmate's implanted heart-regulating device at a hospital on the morning of his execution, rather than bringing a doctor or technician into the execution chamber. The ruling comes after Deputy Attorney General Cody Brandon told the judge they could not comply with an earlier order requiring Byron Black's implanted cardioverter-defibrillator to be turned off just prior to the injection of a lethal dose of pentobarbital on Aug. 5. In the Friday order, Davidson County Chancery Court Judge Russell Perkins agreed with Black's attorneys that not deactivating the device could cause Black to suffer needlessly as it continuously shocks him in an attempt to restore his heart's normal rhythm during the execution. At a Tuesday hearing on the issue, Brandon said Black's physicians at Nashville General Hospital are unwilling to come to the execution chamber. That means the Friday chancellor's order is, in effect, an order to stay the execution, which only the Tennessee Supreme Court has the power to do, he argued. Brandon asked the judge to either overturn his Friday order or allow the Tennessee Department of Correction to take Black to the hospital for the deactivation on Aug. 4. Kelley Henry, who represents Black, argued that the state should not be allowed to deactivate the device prematurely because doing so could result in Black's death while he still has the possibility of a last-minute reprieve. ' On August 4, we will still be in other courts seeking a stay of execution,' Henry said. She also said state officials had not really tried to find a doctor willing to come to the prison. She first brought the issue up with the Tennessee Department of Correction in early June, but it was not until the Friday order that they began to look into it, and then they only contacted Nashville General Hospital. 'It's like when you tell a teenager to clean up their room, and they pick up one sock,' she said. The implantable cardioverter-defibrillator is a small, battery-powered electronic instrument, surgically implanted in the chest, that serves as a pacemaker and an emergency defibrillator. Perkins noted in court on Tuesday that during a two-day hearing last week on the issue, a doctor testifying for Black said that deactivating the device is quick and doesn't require surgery, only a handheld machine. Meanwhile, the state did not present any testimony at the time that deactivation would be an administrative or logistical burden. In modifying his own order on Tuesday, Perkins wrote that it is obvious the state has 'taken only minimal steps' to comply with his Friday order. However, Perkins said he also wants to ensure that his ruling can't be construed as an attempt to interfere with the execution. 'I've lost sleep over this because I want to do the right thing,' Perkins said at the hearing. 'I want to honor the memories of these victims' while also making sure the execution is properly carried out. Black was convicted in the 1988 shooting deaths of girlfriend Angela Clay, 29, and her two daughters, Latoya, 9, and Lakeisha, 6. Prosecutors said Black was in a jealous rage when he shot the three at their home. At the time, Black was on work-release while serving time for shooting and wounding Clay's estranged husband. 'Had she not been killed, Lakeisha would be in her 40s today,' Brandon told the judge on Tuesday. 'Justice has waited 37 years. It should not wait any longer.' Black's motion related to his heart device came within a general challenge he and other death row inmates filed against the state's new execution protocol. The trial isn't until 2026.
Al Arabiya
5 days ago
- Health
- Al Arabiya
Tennessee judge gives state leeway on deactivating inmate's heart-regulating device before execution
Nashville, Tenn. – A Tennessee judge ruled on Tuesday that the state can deactivate a death-row inmate's implanted heart-regulating device at a hospital on the morning of his execution, rather than bringing a doctor or technician into the execution chamber. The ruling comes after Deputy Attorney General Cody Brandon told the judge they could not comply with an earlier order requiring Byron Black's implanted cardioverter-defibrillator to be turned off just prior to the injection of a lethal dose of pentobarbital on Aug. 5. In the Friday order, Davidson County Chancery Court Judge Russell Perkins agreed with Black's attorneys that not deactivating the device could cause Black to suffer needlessly as it continuously shocks him in an attempt to restore his heart's normal rhythm during the execution. At a Tuesday hearing on the issue, Brandon said Black's physicians at Nashville General Hospital are unwilling to come to the execution chamber. That means the Friday chancellor's order is in effect an order to stay the execution, which only the Tennessee Supreme Court has the power to do, he argued. Brandon asked the judge to either overturn his Friday order or allow the Tennessee Department of Correction to take Black to the hospital for the deactivation on Aug. 4. Kelley Henry, who represents Black, argued that the state should not be allowed to deactivate the device prematurely because doing so could result in Black's death while he still has the possibility of a last-minute reprieve. 'On August 4 we will still be in other courts seeking a stay of execution,' Henry said. She also said state officials had not really tried to find a doctor willing to come to the prison. She first brought the issue up with the Tennessee Department of Correction in early June, but it was not until the Friday order that they began to look into it, and then they only contacted Nashville General Hospital. 'It's like when you tell a teenager to clean up their room and they pick up one sock,' she said. The implantable cardioverter-defibrillator is a small battery-powered electronic instrument surgically implanted in the chest that serves as a pacemaker and an emergency defibrillator. Perkins noted in court on Tuesday that during a two-day hearing last week on the issue, a doctor testifying for Black said that deactivating the device is quick and doesn't require surgery, only a handheld machine. Meanwhile, the state did not present any testimony at the time that deactivation would be an administrative or logistical burden. In modifying his own order on Tuesday, Perkins wrote that 'it is obvious the state has taken only minimal steps to comply with his Friday order.' However, Perkins said he also wants to ensure that his ruling can't be construed as an attempt to interfere with the execution. 'I've lost sleep over this because I want to do the right thing,' Perkins said at the hearing. 'I want to honor the memories of these victims while also making sure the execution is properly carried out.' Black was convicted in the 1988 shooting deaths of girlfriend Angela Clay, 29, and her two daughters, Latoya, 9, and Lakeisha, 6. Prosecutors said Black was in a jealous rage when he shot the three at their home. At the time, Black was on work-release while serving time for shooting and wounding Clay's estranged husband. 'Had she not been killed, Lakeisha would be in her 40s today,' Brandon told the judge on Tuesday. 'Justice has waited 37 years. It should not wait any longer.' Black's motion related to his heart device came within a general challenge he and other death row inmates filed against the state's new execution protocol. The trial isn't until 2026.
Yahoo
30-06-2025
- Yahoo
Supreme Court declines to stay execution of Mississippi prisoner Richard Jordan
The execution of Mississippi prisoner Richard Jordan went ahead as planned, starting at 6 p.m. Wednesday, June 25. By 6:16 p.m. the process was complete and Jordan was dead. The execution was allowed to go forward after three applications for an emergency stay were denied by the Supreme Court of the United States in the hours before Jordan's death. The justices did not comment on the reason for denying the applications and petitions for review. Jordan was executed by lethal injection exactly one month after his 79th birthday. He received his last meal at 4 p.m. Jordan had been on death row since 1977 for the 1976 kidnapping and murder of 35-year-old Edwina Marter, a Gulfport bank executive's wife and mother of two young sons. Jordan was the oldest and longest-serving prisoner on Mississippi's death row. "He was a remarkable man — a Vietnam Veteran, a man of deep faith, a pilot, a writer, an inventor, a loved family member, husband, and friend, and a force for good while in prison," his attorney Krissy Nobile said in an emailed statement. "Before the State executed Richard, he had received Tier Worker status in prison, a position of trust given to inmates who have shown good behavior and no record violation reports for a long period of time. Richard was a mentor to other inmates and known for lessening conflicts among his peers." Nobile is director of the Mississippi Office of Post-Conviction Counsel. She said Jordan, who grew up in Petal, was a decorated combat veteran in Vietnam who served three tours, yet the jury never learned of his wartime experiences, nor the post-traumatic stress disorder that followed. "He remained in Vietnam to allow his younger brother to return home from the war," Nobile said. "Richard was awarded the Republic of Vietnam Campaign Medal, the Air Medal with 4 Oak leaf clusters, and 5 Air Medals. Richard was diagnosed with PTSD after Vietnam but continued his life of service even while in custody. "Unfortunately, the jury never heard about Richard's service to his country and his resulting PTSD before sentencing him to death." Jordan's attorneys and supporters took several paths in an attempt to stop his execution by lethal injection. An application for an emergency stay of execution was filed with the U.S. Supreme Court on May 21, after the Mississippi Supreme Court set Jordan's execution date. The emergency stay was denied on June 23. On May 28 and June 18, the Rev. Dr. Jeff Hood and others held news conferences asking Attorney General Lynn Fitch and the state of Mississippi to "Stand Down" and discontinue their efforts to execute Jordan. Hood works with incarcerated people who are facing execution. A motion for a preliminary injunction was filed in a decade-old federal lawsuit, seeking emergency relief in Jordan's challenge to the state's three-drug protocol for lethal injections. After an expedited hearing on Saturday, June 14, U.S. District Judge Henry Wingate denied the motion on June 20, with a caveat that the state must stop the execution if Jordan responds to a consciousness check after the first of the three drugs is administered. On June 16, advocates in support of commuting Jordan's death sentence to life in prison without the possibility of parole sent a letter and supporting YouTube video to Gov. Tate Reeves, asking the governor for clemency for Jordan. The governor declined Jordan's request. Wingate's decision was appealed the same day, but the Fifth Circuit Court of Appeals agreed with Wingate's decision, issuing a written opinion on Tuesday, June 24. Also on June 20, the Mississippi Office of Capital Post-Conviction Counsel filed a second application for an emergency stay of execution with the U.S. Supreme Court. As of Tuesday night, the court has not issued a response to the application. On the eve of Jordan's impending execution, attorneys filed two more applications for a stay of execution, citing Jordan's Eighth Amendment right to not be subjected to cruel and unusual punishment. Fitch strongly disagreed. "The State, its law-abiding citizens, and Mrs. Marter's friends and family have a strong interest in justice being done," Fitch wrote in her opposition to Jordan's application for a stay. "They have been denied that justice for decades. To delay petitioner's lawful execution any longer would cause further 'profound injury' and would undermine the 'powerful and legitimate interest in punishing the guilty.'" Jordan's attorneys responded that their client's case should be heard if there is a likelihood that he could succeed. The court has not weighed in on either measure. All three petitions for an emergency stay of execution were denied in the hours before Jordan's scheduled death. Lici Beveridge is a reporter for the Hattiesburg American and Clarion Ledger. Contact her at lbeveridge@ Follow her on X @licibev or Facebook at This article originally appeared on Mississippi Clarion Ledger: Supreme Court denies Richard Jordan stay of execution in Mississippi
