Byron Lewis Black, 25-5677

Byron Lewis Black was convicted in 1989 for the murders of his girlfriend and her two daughters and is on Tennessee’s death row.
Black has filed multiple state postconviction actions and habeas petitions, raising claims including intellectual disability and competency to be executed.
Black's first federal habeas petition in 2000 included claims of intellectual disability (Atkins claim) and incompetency to be executed (Ford claim), but the latter was found unripe at the time.
After Tennessee set a new execution date in 2025, Black filed a second § 2254 habeas petition, framing his claim as Ford-based and arguing he is ineligible for execution due to "idiocy" at common law.
The district court deemed the new petition "second or successive" under § 2244(b), requiring appellate authorization, and the case was transferred to the Sixth Circuit for that purpose.

Issue	Black's Argument	Respondent's Argument	Held
Whether the latest petition is “second or successive” under § 2244(b)	Black claims his Ford-based incompetency claim only became ripe after execution date was set	State argues Black is reasserting previously adjudicated Atkins claim	Petition is second/successive; claim already raised and adjudicated
Whether Black presented a cognizable Ford claim	Black says ‘idiocy’ at common law means ineligible for execution regardless of current competency	State says relevant standard is rational understanding of execution reason	Black’s claim fails; does not allege current inability to rationally understand execution
Whether Black’s claim satisfies the gatekeeping requirements under § 2244(b)(2)	Asserts new evidence of progressive dementia/incompetency	State: same facts as prior claims; no new constitutional rule or facts	No sufficient new evidence; does not meet statutory requirements
Whether a stay of execution should be granted	Black will suffer irreparable harm	State's interest in executing judgment	Stay denied; no likelihood of success on merits, state interest outweighs

Atkins v. Virginia, 536 U.S. 304 (2002) (Eighth Amendment bars death penalty for intellectually disabled)
Ford v. Wainwright, 477 U.S. 399 (1986) (prohibits execution of the incompetent under Eighth Amendment)
Panetti v. Quarterman, 551 U.S. 930 (2007) (sets standard for competency as rational understanding of reason for execution)
Madison v. Alabama, 586 U.S. 265 (2019) (clarifies Panetti standard; rational understanding is critical for competency to execute)
Hill v. McDonough, 547 U.S. 573 (2006) (standards for stay of execution)