MEMPHIS, Tenn. — Pervis Payne's attorney, Kelley Henry, was back at Shelby County Criminal Court Monday for Payne's resentencing hearing.
Payne, a Black man with an intellectual disability, was accused of killing a white woman and has maintained his innocence for 34 years.
After the Shelby County District Attorney conceded that Payne has an intellectual disability and couldn't be executed, Payne was taken off death row.
The court will decide whether Payne's two life sentences and a related 30-year sentence will run at the same time or consecutively.
Tennessee law favors concurrent sentencing and places the burden on the State to prove consecutive sentencing is necessary to protect the public.
If the court orders that the sentences will be served concurrently, Payne would be eligible for parole after six years. If the court orders that the sentences will run consecutively, he wouldn't be given parole until he's 85.
The court doesn't have the authority to grant Payne parole. Only the parole board can do that.
A decision from Monday's hearing has not been released.