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Tenn. court to decide if death row inmate's intellectual disability spares him from death penalty

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MARYVILLE, Tenn. (WTVF) — A Tennessee court will hear expert testimony on death row inmate Gary Sutton’s intellectual disability to determine whether he is constitutionally eligible to be executed.

The hearing is set for Oct. 5-9 in Blount County Criminal Court, where Sutton is expected to appear with his attorneys.

The Tennessee Court of Criminal Appeals recently denied the state attorney general’s request for an extraordinary appeal that would have halted the hearing.

Sutton was convicted in the 1992 murder of Tommy Griffin and is scheduled to be executed Dec. 3.

Executing a person with an intellectual disability is prohibited under both federal and Tennessee law.

Sutton’s attorneys say evidence of his intellectual disability also raises questions about how his original 1996 trial was conducted and whether he was meaningfully able to assist in his defense.

The October hearing will allow a court to consider expert testimony on Sutton’s intellectual disability for the first time.