News / FJP Releases

October 8, 2024 (Washington, D.C.) — FJP’s Acting Co-Executive Director Amy Fettig issued the following statement in response to the Tennessee Court of Criminal Appeals’ decision in Larry McKay v. State of Tennessee. In its decision, the Court of Criminal Appeals overturned a lower court ruling that the state legislature violated the state constitution by taking away local elected prosecutors’ well-established authority to handle post-conviction proceedings in death penalty cases, interfering with their discretion to correct wrongful convictions in these life-or-death cases.

“This case is not just an esoteric debate about the law, it is a matter of life and death with real implications for people who could be executed for a crime they did not commit. By removing elected district attorneys’ ability to handle post-conviction proceedings in death penalty cases when challenges to past convictions are warranted, the Tennessee Court of Criminal Appeals has overturned long-standing precedent and undermined local voters’ choice. The Tennessee Supreme Court previously preserved district attorneys’ discretion to handle post-conviction cases in accordance with the vision of justice they were elected by their communities to pursue. 

“We hope to see the Tennessee Supreme Court overturn this wrongheaded decision on appeal and restore elected district attorneys’ constitutional discretion to fulfill their duties and represent the people who elected them. Anything less would be an attack on basic principles of democracy and justice.”