The Shelby County District Legal professional conceded that Pervis Payne is an individual with mental incapacity.
In Might of this yr, following Governor Lee’s signing of overwhelmingly bipartisan laws to patch a gap in Tennessee legislation that prevented folks with mental incapacity from presenting the declare that their execution was barred by the Tennessee and U.S. Constitutions, attorneys for Pervis Payne filed a petition below the brand new process in Shelby County Legal Courtroom.
The petition states that Mr. Payne, as an individual with an undisputed prognosis of mental incapacity, is categorically barred from execution. The State has by no means denied or challenged that Mr. Payne is an individual with mental incapacity and neurocognitive impairment. Because the petition states: “Pervis Payne is indisputably intellectually disabled. Mr. Payne meets all three Atkins necessities, in addition to these of the Tennessee statute. He has considerably subaverage mental functioning, vital adaptive deficits in every area, and his incapacity manifested previous to age 18.” (p. 5)
There may be additional excellent news in Mr. Payne’s pursuit of freedom.
Kelley Henry, Pervis Payne’s Legal professional, made the next assertion:
“As an individual with mental incapacity, Pervis Payne can’t be executed below our Structure. We’re grateful to the Tennessee legislature, below Rep. G.A. Hardaway’s management, for passing a brand new legislation to permit Mr. Payne to current proof of his mental incapacity in court docket, and to Governor Lee for signing the invoice into legislation. The Shelby County District Legal professional was proper to drop its request for a listening to on Mr. Payne’s mental incapacity. The D.A.’s concession will keep away from years of useless litigation.
“We look ahead to Mr. Payne’s resentencing listening to. That is some measure of justice for Mr. Payne and his household, however our struggle for full exoneration of this harmless man will proceed.”
His resentencing listening to is December 13, 2021.