NATIONAL NEWS

Tennessee judge gives state leeway on deactivating inmate’s heart-regulating device before execution

Jul 22, 2025, 1:20 PM

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.

National News

Democratic National Committee Chair Ken Martin speaks during the Black Caucus meeting as part of th...

Associated Press

Democrats disagree over abolishing or reforming ICE at DNC meeting

AUSTIN, Texas (AP) — Democrats on Saturday approved dueling messages on whether U.S. Immigration and Customs Enforcement should be abolished or reformed, reflecting sharp opposition to President Donald Trump’s crackdown but revealing disagreement in the party ahead of the midterms. The Democratic National Committee, gathered for a summer meeting, also signed off on a raft […]

30 minutes ago

Associated Press

Historic flooding prompts evacuations and water rescues in Indiana

INDIANAPOLIS, Ind. (AP) — Several dozen people and their pets were rescued Saturday as floodwaters rose along the White River in Indianapolis, and emergency managers said that number was expected to climb as authorities in the city and elsewhere in central Indiana responded to what many described as historic flooding. The damage so far was […]

1 hour ago

Associated Press

Hate crime charges filed in Manhattan synagogue attack

NEW YORK (AP) — Hate crime charges have been filed against a man who disrupted Shabbat services in Manhattan’s Central Synagogue and struck two people while being hustled outside Friday night. “As synagogue security was escorting him out, he struck a member of the congregation, damaged synagogue property, and then spit at and head-butted a […]

2 hours ago

Duane Davis, center, stands with his attorney Michael Sanft, right, as prospective jurors enter the...

Associated Press

After nearly 30 years, a man is on trial in the fatal shooting of Tupac Shakur. Here’s what to know

When Tupac Shakur was fatally shot at age 25 on Sept. 7, 1996, the presidential race between incumbent Bill Clinton and Bob Dole was in its stretch run. The Atlanta Olympics had just ended. The internet was in its infancy. In a booming music business, CDs were king, like Shakur’s monumental “All Eyez on Me,” […]

6 hours ago

Assistant Professor Christopher Hayes uses the heat of his finger to stimulate a colony of bedbugs ...

Associated Press

Bedbugs can cause people to lose sleep — and blood. Here’s what to do about them

NEW YORK (AP) — Bedbugs are sometimes called the vampires of the insect world — hiding during the day and coming out at night to feast on human blood. Generations of children have been told: “Sleep tight. Don’t let the bedbugs bite.” Well, bad news: Bedbug infestations are increasing. This is the time of year […]

6 hours ago

This satellite image released by NOAA shows Tropical Storm Lala over the Pacific Ocean, near Hawaii...

Associated Press

Hawaii’s Big Island lashed by rain and wind as Tropical Storm Lala closes in

HONOLULU (AP) — Tropical Storm Lala was already whipping and soaking Hawaii’s Big Island early Saturday, and was expected to strengthen into a hurricane as it approaches land. The National Hurricane Center issued a rare hurricane warning for the island, where it would be the first to make landfall in 155 years. Forecasters said higher […]

6 hours ago

Tennessee judge gives state leeway on deactivating inmate’s heart-regulating device before execution