Attorneys for the next man scheduled to be executed by the state are asking the Tennessee Supreme Court to temporarily halt his August execution if the state refuses to use a new doctor and to review his case.
Darell Hines is slated for execution on August 13th. It comes after the Tennessee Department of Corrections (TDOC) botched the execution of Tony Carruthers in May. Gov. Bill Lee halted that execution and gave Carruthers a one-year reprieve after TDOC staff and Dr. Mark Fowler could not find an appropriate vein for the procedure.
A Nashville court ruled last week that the state must disclose whether or not it intends to use Fowler during the execution of Hines. But that court delayed further action on the matter until it could be reviewed by a higher court. So, Hines’ attorneys turned to the Tennessee Supreme Court Monday.
For the the legal review of the Nashville court’s ruling, the attorneys asked for the Tennessee Supreme Court to appoint a special master, an attorney who can act as a court’s investigator in complicated cases.
They also asked the court for a conditional stay of execution if TDOC refuses to replace Fowler with another doctor for the procedure.
“Because Mr. Hines assumes — and common-sense dictates — that TDOC should be able to proceed with Mr. Hines’ execution on August 13, 2026, by hiring an appropriately credentialed replacement from among the 20,000 active physicians in the State of Tennessee,” reads the Monday motion.
Attorneys for Hines argue he could experience severe suffering because the state’s protocols allow for the use of “of insufficiently qualified medical personnel.”
