State of Tennessee v. Danny Strode

The defendant, Danny Strode, was indicted by the Bledsoe County Grand Jury for one count of premeditated murder, one count of felony murder and one count of especially aggravated robbery. The State sought the death penalty. The defendant asserted he could not be put to death because he was mentally retarded within the meaning of Tennessee Code Annotated section 39-13-203(a). The trial court held a hearing and determined that the defendant was indeed mentally retarded under the definition provided in the statute and therefore could not be sentenced to death. The State requested permission to pursue an interlocutory appeal which was granted by the trial court. On appeal, we determine that the defendant is not mentally retarded under the definition of the statute and, therefore, reverse the judgment of the trial court.