State v. Pervis T. Payne
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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
STATE OF TENNESSEE V. PERVIS T. PAYNE
No. M1988-00096-SC-DPE-DD - Filed: May 22, 2007
ORDER
On September 19, 2006, this Court set the execution of Pervis T. Payne for April 11, 2007.
On February 1, 2007, the Governor of Tennessee granted an executive reprieve to Payne until May
2, 2007, to allow the Commissioner of Correction to review the manner in which death sentences
are administered in Tennessee and to provide new protocols and related written procedures for
administering the sentence of death. On April 30, 2007, the Commissioner completed his review
and forwarded the revised execution protocols to the Governor. On May 4, 2007, the State of
Tennessee filed a Motion to Re-Set Execution Date in this case. The State asserts that, the reprieve
having expired by its terms, there are no legal impediments to Payne’s lawful execution and requests
that the Court set a new execution date for Payne. On May 14, 2007, Pervis T. Payne filed a
Response to Motion to Re-Set Execution Date, in which he asserts that the Court should deny the
State’s Motion because of litigation currently pending in the state and federal courts that may affect
the State’s ability to execute him and the procedure used at his execution. In the alternative, Payne
requests that, if the Court grants the State’s Motion, the Court set the execution for a date far enough
in the future to allow “judicious” consideration of the claims presented in the pending litigation and
“a meaningful clemency process.”
Upon due consideration of the Motion to Re-Set Execution Date and the Response, the
State’s motion is GRANTED. It is hereby ORDERED, ADJUDGED and DECREED by this Court
that the Warden of the Riverbend Maximum Security Institution, or his designee, shall execute the
sentence of death as provided by law on the twelfth day of December, 2007, unless otherwise ordered
by this Court or other appropriate authority.
Counsel for Pervis T. Payne shall provide a copy of any order staying execution of this order
to the Office of the Clerk of the Appellate Court in Nashville. The Clerk shall expeditiously furnish
a copy of any order of stay to the Warden of the Riverbend Maximum Security Institution.
It is so ORDERED.
PER CURIAM
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