TBA Law Blog

Posted by: Stacey Shrader Joslin on Jul 31, 2020

The Shelby County District Attorney’s Office is asking the court to deny a request for DNA testing in the death penalty case of Pervis Tyrone Payne, who is set to be put to death on Dec. 3. Payne's attorneys had petitioned the court for the testing hoping newly discovered evidence would reverse his conviction. But District Attorney Amy Weirich said this week that the evidence — including bedsheets, a comforter and a pillow, all soaked in blood — was actually from an entirely different crime, the Commercial Appeal reports. "There is no new evidence …" Weirich said. "The property room made a mistake. These items have nothing to do with Pervis Payne and should not have been shown” to his attorneys. Payne’s attorneys argue the items should be tested anyway to confirm which case they belong to.