TBA Law Blog

TBA Law Blog

Supreme Court Rules That State Does Not Have to Deactivate Black’s Defibrillator

Posted by: Stacey Shrader Joslin on Jul 31, 2025

The Tennessee Supreme Court ruled unanimously today that a defibrillator implanted in Byron Black’s chest does not have to be deactivated before the state executes him next week. The Nashville Banner reports that the decision reverses an opinion from Davidson County Chancellor Russell Perkins that directed the state to disable the device. Perkins issued that order after hearing from medical professionals that the device could put Black at risk of a prolonged and torturous death. The state appealed that ruling to the high court, arguing it could not deactivate Black’s defibrillator on the day of the execution, and asking whether it could be done the day before. The justices said that because Black would not agree to that timeframe, the lower court order was operating “effectively and practically” as a stay of its execution order, which a trial court does not have the authority to “stay, modify or condition.” The court did note at the end of the opinion though that nothing in its decision prevents the parties from reaching an agreement on deactivation of the device. The decision comes after news that Nashville General Hospital had not agreed to perform the procedure, according to The Tennessean. Black’s lawyers continue to pursue other remedies, calling on Gov. Bill Lee to halt the execution and asking the U.S. Supreme Court for a stay.

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