NASHVILLE, Tenn. (AP) — A Tennessee death row inmate can be executed without deactivating his implanted defibrillator, the state's high court ruled on Thursday.
The ruling overturns a lower court's order and paves the way for Byron Black to be executed on Tuesday morning, as scheduled.
The Tennessee Supreme Court found that requiring that the device be deactivated “amounted to a stay of execution," which is not within the lower court's power.
At issue is how Black’s heart-regulating device will perform when the state attempts to execute him with a lethal injection of the barbiturate pentobarbital. Davidson County Chancery Court Judge Russell Perkins previously found that the implanted cardioverter-defibrillator is likely to continuously shock Black’s heart, causing unnecessary pain and prolonging the execution. He ordered the state to deactivate the device shortly before the execution.
The order kept in mind the possibility that Black could win a last-minute reprieve. Deactivating it too far in advance might mean Black could die just before a ruling that would have saved him.
Lawyers for the Tennessee Attorney General’s office at first said they would need to transport Black to Nashville General Hospital for the deactivation because the doctors there were not willing to come to the execution chamber. On Wednesday, the state changed course, admitting that the hospital was unwilling to take part in the procedure, regardless of location. Most medical professionals consider any participation in executions to be a violation of medical ethics.
The state Supreme Court's ruling did not address the issue of whether Black's defibrillator will continuously shock his heart or whether that would cause unnecessary suffering, in violation of the state and federal constitutions. The ruling left open the possibility that the state could deactivate the device, if they can do so in a way that does not interfere with the execution.
Black was convicted in the 1988 shooting deaths of his girlfriend Angela Clay, 29, and her two daughters, Latoya Clay, 9, and Lakeisha Clay, 6. Prosecutors said he 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 Clay’s estranged husband.
Courts have rejected attempts to overturn Black's murder convictions and death sentence, and have denied efforts to find him intellectually disabled and ineligible for the death penalty, Tennessee Attorney General Jonathan Skrmetti said in a statement.
“Our office will continue fighting to seek justice for the Clay family and to hold Black accountable for his horrific crimes,” Skrmetti said.
After the ruling, Black's attorneys filed a motion for a stay of execution with the state Supreme Court. It says Black deserves a stay for the limited time needed for his attorneys and the state to resolve the defibrillator issue or for the state Supreme Court to consider Black's request for the device to be disabled.
Black’s motion to deactivate his defibrillator was filed within a larger lawsuit within a general challenge he and other death row inmates filed against the state’s new execution protocol. The trial isn’t until 2026.
Reporter Jonathan Mattise contributed to this story.
FILE - This undated booking photo provided by the Tennessee Department of Corrections shows Byron Black. (Tennessee Department of Corrections via AP, File)
LANDOVER, Md. (AP) — The Washington Commanders have reached the point in the season when assessing talent for next year is almost as important as winning now.
Toward that end, the Commanders just might have found their running back of the future.
Jacory Croskey-Merritt put on an impressive display of speed, power and finesse Thursday in Washington's 30-23 loss to the Dallas Cowboys.
The 24-year-old rookie ran for 105 yards and two touchdowns, including an electrifying 72-yard jaunt in the third quarter that brought the Commanders to 24-17. Although Washington never could make up the deficit, Croskey-Merritt provided hope that the team next year will be able to provide running support for franchise quarterback Jayden Daniels.
“I just feel like I got to keep growing,” Croskey-Merritt said, “I'm thankful to have this team around, especially in my running back room. They keep me going. I feel like it's a growing process for me every day.”
The Commanders (4-12) have lost nine of 10 and long ago were eliminated from postseason contention. But next year, with Daniels healthy and Croskey-Merritt working with a year of NFL experience under his belt, things just might be a whole lot better.
If there was any question about Croskey-Merritt's breakaway speed, all doubt was lifted when he took off with the ball in his hand and 72 yards of turf lying in front of him.
“I saw daylight and I was like, ‘This is my chance to show when it’s an open field, I can take it the distance,” the seventh-round draft pick said. “It worked out. It worked out perfect.”
He certainly made an impression on Washington coach Dan Quinn.
“Finding the end zone, that's a big deal in the long run,” Quinn said. “Getting outside and finishing. I've also seen him grow a lot in the knowledge of the game, the game plan.”
On a day that 39-year-old quarterback Josh Johnson started in place of the injured Daniels and Marcus Mariota, the most notable player on Washington's offense was Croskey-Merritt, who eclipsed the 100-yard mark for the second time this season.
“He goes out every day to get better,” Johnson said of Croskey-Merritt. “I'm so happy that he got to have his moment. It's great that people get to see his talents,, and he showcased them well.”
Croskey-Merritt was just 8 years old when Johnson made his NFL debut. Making his first start since 2021, Johnson turned back the clock with a solid performance that extended past simply handing the ball to Croskey-Merritt and watching him run.
Johnson went 15 for 23 for 198 yards and no turnovers. That was enough to help Washington rally from an early 21-3 deficit to get within a touchdown on three different occasions.
“We just had a couple of plays here and there that we left on the field,” Johnson said. “It hurts.”
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Washington Commanders running back Jacory Croskey-Merritt (22) scores on a touchdown run during the second half an NFL football game against the Dallas Cowboys Thursday, Dec. 25, 2025, in Landover, Md. (AP Photo/Stephanie Scarbrough)
Washington Commanders running back Jacory Croskey-Merritt (22) scores on a touchdown run during the second half an NFL football game against the Dallas Cowboys Thursday, Dec. 25, 2025, in Landover, Md. (AP Photo/Stephanie Scarbrough)
Washington Commanders running back Jacory Croskey-Merritt (22) is congratulated by teammates running back Jeremy McNichols and wide receiver Treylon Burks (13) after scoring during the first half an NFL football game against the Dallas Cowboys Thursday, Dec. 25, 2025, in Landover, Md. (AP Photo/Nick Wass)
