Law letting Tennessee attorney general argue certain capital cases is constitutional, court rules

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Law letting Tennessee attorney general argue certain capital cases is constitutional, court rules
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A Tennessee appeals court has ruled that a state law giving the appointed state attorney general authority to argue certain death penalty cases and removing that power from the hands of locally elected district attorneys is constitutional.

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The law involves proceedings that are outside the traditional appeals process in death penalty cases. Those include going before a trial court to present new evidence, request DNA testing, or argue that a defendant has an intellectual disability. The attorney general oversees traditional appeals. McKay’s lawyer, Robert Hutton, filed the motion to disqualify Skrmetti from intervening. Hutton has said the law was an “overreach” by the Legislature.

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