MEMPHIS, Tenn. — The Tennessee Court of Appeals has overturned a trial court's ruling that had excluded the Office of Attorney General from representing the State in a death penalty appeal involving defendant Larry McKay.
This case centered around the death penalty law passed in April of 2023 that gives the Attorney General sole authority to defend the State in capital punishment appeals. The trial court had previously ruled that this law, Public Chapter 182, was unconstitutional, prompting motions from both McKay and Shelby County District Attorney General Steve Mulroy to keep the Attorney General out of the case. This raised important questions about the Attorney General's power in these serious cases.
After the trial court's decision, the Attorney General asked to appeal, defending the law. After reviewing the case, the court of appeals found that the trial court was wrong in its ruling.
Senator Brent Taylor, who sponsored the law, praised the court's decision in a social media post on Oct. 5. He criticized DA Mulroy for opposing the law, claiming Mulroy was working with McKay to weaken the death penalty.
Taylor emphasized that the law is crucial for preventing any attempts to lessen death penalty sentences, allowing the Attorney General to handle appeals. He stated, "DA Mulroy did not like that my law stopped him from letting criminals off death row."
Additionally, Taylor criticized a trend among some district attorneys who, he claimed, prioritize leniency for convicted criminals over protecting law-abiding citizens. He vowed to hold Mulroy accountable, asserting, "His attempts to bypass state law will not stand as I work to #MakeMemphisMatter."
The court of appeals ruling not only upheld the law but also suggested that Mulroy's actions in the case may have been inappropriate. With this decision, the Attorney General will continue to represent the State in McKay’s case, reinforcing the legislature’s authority in serious criminal matters.
DA Mulroy shared the following statement with ABC24:
"The TN Constitution says local voters get to elect a local resident DA to represent them in court. This law transfers power over the most serious cases, death penalty cases, from locally elected DAs across the state to one unelected state official half a state away. This should concern anyone, regardless of party, who cares about local control and state overreach. As a DA who has filed two death penalty notices since taking office, but who also understands that we sometimes need to correct past mistakes, this appellate decision concerns me. The trial court understood this and ruled the law unconstitutional. I respect the appellate court's decision, but disagree with it. The final word rests with the TN Supreme Court."