NASHVILLE, Tenn. (WTVF) — It's the latest in the tug-of-war between cities like Nashville and state lawmakers.
This time it's not a bill about the size of the metro council, but rather who gets to decide how certain death penalty cases are prosecuted.
This state law, passed this year, gives the state Attorney General the power to prosecute certain types of death penalty cases after a suspect is convicted. Examples include asking a court to consider new evidence, requesting DNA testing or arguing that a defendant has an intellectual disability.
The law takes that power away from local elected district attorneys.
A judge this week said that is unconstitutional.
Local DA's have usually been the ones to make prosecution decisions on all cases.
In 2019, with a judge's approval, Nashville DA Glenn Funk agreed to replace the death sentence of an inmate with three life sentences, after concerns his trial was marred by racism.
Funk has also spoken out against the death penalty in other cases, like the Waffle House Shooter.
The Tennessee Attorney General's office says it will appeal the court decision, ensuring the adversarial system remains fully engaged over the life of a capital case is our obligation to the victims' families because no family should be deprived of justice.
