NASHVILLE, Tenn. (WZTV) — A Davidson County judge held what is believed to be a first-of-its-kind hearing Monday morning over how the state will handle the scheduled execution of Byron Black.

Attorneys for the death row inmate asked the court to order the Tennessee Department of Correction to deactivate Black’s implanted defibrillator just before his lethal injection, arguing the device could interfere with the process if not properly shut off by a trained medical professional.

The hearing was at 11 a.m. Monday and was open to the public.

Black, 68, is scheduled to be executed on August 5. He has multiple serious health conditions, including brain damage, dementia, congestive heart failure, and end-stage kidney disease. His attorneys say the ICD device, designed to shock his heart if it detects an abnormal rhythm, could respond to the lethal injection drug, potentially complicating the procedure.

The legal team is also seeking clemency from Governor Bill Lee. A new petition filed last week asks the governor to commute Black’s sentence to life without parole, citing the state’s own 2022 finding that Black meets the criteria for intellectual disability.

“There is no doubt that Byron Black is a person with intellectual disability, but the courts keep finding procedural reasons to deny him relief,” said attorney Kelley Henry. “Clemency exists for situations like this, where the courts are unable or unwilling to prevent a gross injustice.”

If carried out, Black’s execution would be the first in Tennessee’s modern era involving a person officially recognized as having an intellectual disability.

See our latest coverage on this story here.

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