MEMPHIS, Tenn. — Pervis Payne made his first appearance in court in more than a decade.
The death row inmate attended the hearing after the state allowed him to be evaluated on whether he is intellectually disabled. Payne was brought to Memphis from Nashville, where has been held in a high-security prison since his conviction and death sentence.
Payne was convicted in the 1987 murders of a Millington woman and her daughter.
His lawyers argued executing him would be unconstitutional, and said they can prove he has the disability.
Payne's attorneys fought a request from prosecutors to see prison records and interview a corrections officer at the Nashville prison Payne is incarcerated in - calling it a "fishing expedition." In the end, prosecutors agreed to amend the list of information requested from Riverbend. The two sides also agreed to review medical records already in the hands of the state together.
A judge approved an evaluation and the next court date is scheduled for August 6th. A motions hearing is set for December.
Payne’s supporters gathered outside the courthouse in downtown Memphis to show their support.
The Associated Press contributed to this report.