BYRON LEWIS BLACK Execution Confirmed

Court Documents show an Execution date for August the 18th 2022

Records show black was convicted of murder back in 1989 of killing his Girl friend
and her two daughters, Latoya, 9, and Lakeisha Clay, 6

Black who has been on death row for 33 years since his conviction Attorney say there was violations
Paragraph 35: Competency to be Executed

In Paragraph 35, Petitioner alleges that he is not competent to be executed under Ford v. Wainwright, 477 U.S. 399, 106 S.Ct. 2595, 91 L.Ed.2d 335 (1986). In response to Respondent's argument that this claim is not ripe, Petitioner agrees that this claim would only become ripe upon the setting of an execution date following the conclusion of the federal proceedings, and suggests that the Court dismiss this claim without prejudice to litigating the claim if ripeness were ever established. Accordingly, this claim is dismissed without prejudice to Petitioner's litigating this claim if and when it becomes ripe for decision.

Paragraph 36: Denial of Full and Fair Post-Conviction Proceeding

In Paragraph 36, Petitioner claims that he was denied a full and fair post-conviction proceeding in violation of his Sixth, Eighth and Fourteenth Amendment rights. Respondent argues, and the Court agrees, that this allegation does not state a cognizable independent claim for habeas relief. Greer v. Mitchell. 264 F.3d 663, 681 (6th Cir. 2001); Trevino v. Johnson, 168 F.3d 173, 180 (5th Cir. 1999); Kirby v. Dutton 794 F.2d 245 (6th Cir. 1986). The Court grants summary judgment to Respondent on this claim.

Paragraph 37: Violation of Right To Open Trial and Due Process

In Paragraph 37, Petitioner alleges that the trial court violated his rights to due process and an open trial when it excluded Melba Corley (one of the Petitioner's relatives) from the courtroom if juror Ihrie were selected. Respondent argues that this claim was not raised in state court and is, therefore, procedurally defaulted. As Petitioner has not suggested a basis for setting aside the procedural default, Respondent is entitled to summary judgment on this claim.

Paragraph 38: Instructions on Jury Unanimity

Paragraph 38 of the Amended Petition alleges that the trial court's instruction to the jury that its verdict as to Petitioner's sentence had to be unanimous violates the Eighth and Fourteenth Amendments. Petitioner has failed to demonstrate that the trial court's charge as to unanimity (Addendum 3, Vol. 16, at 23 58-2367) is constitutionally deficient. See Scott v. Mitchell, 209 F.3d 854, 875-76 (6th Cir. 2000); Coe v. Bell, 161 F.3d at 336-339. Therefore, the Court grants summary judgment to Respondent on this claim.

Paragraph 39: Cumulative Error

In Paragraph 39, Petitioner alleges that the cumulative effect of the errors at his trial and on appeal violated his due process rights. Having reviewed the entire record, the Court concludes that any errors made by the state courts did not deprive the Petitioner of due process of law. McKinnon v. State of Ohio, 67 F.3d 300 (Table), 1995 WL 570918 (6th Cir. Sept. 27, 1995).

IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
STATE OF TENNESSEE v. BYRON LEWIS BLACK
Criminal Court for Davidson County
No. 88-S-1479
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No. M2000-00641-SC-DPE-CD
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ORDER
On February 24, 2020, this Court granted the State’s motion to set an
execution date for Byron Lewis Black and established deadlines for proceedings to
consider Mr. Black’s claim that he is not competent to be executed. See Van Tran v.
State, 6 S.W.3d 257, 267-68 (Tenn. 1999). Upon motions of Mr. Black, the Court
initially reset the execution date to April 8, 2021, but ultimately stayed the execution
due to the COVID-19 pandemic. Pursuant to Tennessee Supreme Court Rule
12(4)(E), it is hereby ORDERED that the stay is lifted and the execution of Mr.
Black is reset for August 18, 2022. Correspondingly, Mr. Black shall file his petition
alleging incompetency to be executed in the trial court no sooner than June 1, 2022,
and no later than June 3, 2022. As previously ordered, the competency proceedings
shall be held in accordance with the timelines and procedures established in Van
Tran.
The Warden or his designees shall notify Mr. Black no later than August 4,
2022, of the method the Tennessee Department of Correction (TDOC) will use to
carry out the execution and any decision by the Commissioner of TDOC to rely upon
the Capital Punishment Enforcement Act. See Tenn. Code Ann. § 40-23-114.
Counsel for Mr. Black shall provide a copy of any order staying execution of this
order to the Office of the Clerk of the Appellate Court in Nashville. The Clerk shall
expeditiously furnish a copy of any order of stay to the Warden of the Riverbend
Maximum Security Institution.
PER CURIAM

BYRON LEWIS BLACK Execution Confirmed

BYRON LEWIS BLACK Execution Confirmed

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