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The Tennessee Conservative [By Paula Gomes] –
The sole authority of the Attorney General’s office to defend the state in death penalty appeals was upheld last week by the Tennessee Court of Appeals.
A new law passed in April 2023 by the Tennessee General Assembly – Public Chapter 182 – was ruled unconstitutional by the trial court. Defendant and death row inmate Larry McKay and Shelby County District Attorney General Steve Mulroy filed motions to keep the state Attorney General out of the case.
The legislation, sponsored by Senator Brent Taylor (R-Memphis-District 31), prevents DAs from lessening death penalty sentences as post-conviction collateral review appeals are now mandated by law to go to the Attorney General.
In a social media post, Taylor said his law, which the Court of Appeals deemed constitutional, gives the Attorney General’s office the authority to argue on behalf of the state when someone sentenced to death appeals and thwarts the trend of “progressive DAs” letting criminals off the hook.
“This is a trend we are seeing from Restorative Justice Schemers and progressive DAs around the country,” said Taylor. “Outside groups come in to argue a convicted criminal should be let out of his sentence, and rather than argue on behalf of law-abiding citizens that the sentence should stand, these progressive DAs simply acquiesce and don’t push back. It’s a page out of the same progressive DA playbook, but as long as I’m representing you in the Senate, I’m not letting that happen in Tennessee!”
The Attorney General asked to appeal the trial court’s decision and defend the law. The Court of Appeals found the trial court to be wrong in its ruling after a review of the case which allows the Attorney General to continue in its representation on the state’s behalf in McKay’s case.
Mulroy’s actions in the case were possibly inappropriate according to the appellate court, but the DA stands by his belief that the new law transfers power away from local control, saying that ultimately, it will be decided by Tennessee’s Supreme Court.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
