On July 7, 2026, Tennessee Governor Bill Lee told members of the media that the state’s scheduled executions will proceed without any changes to the lethal injection protocol, despite the state’s failed attempt to execute Tony Carruthers in May. Gov. Lee stated that the execution team followed the proper protocol during the attempted execution and that the problem was with locating a suitable vein for an IV line, rather than with the protocol itself. “I think, as we have observed, everything about the protocol of the death penalty in the state was carried out appropriately… In that situation, the Department of Corrections did exactly what they were supposed to.” Gov. Lee noted that he alone made the decision to call off Mr. Carruthers’ execution. “Given the circumstances of not being able to find a vein, I made that decision.” He noted the protocol will stand as it is currently written and the failed attempt to execute Mr. Carruthers “should not affect executions in the future.” In the weeks since Mr. Carruthers’ attempted execution, a group of Republican state senators, as well as attorneys for Mr. Carruthers and other death-sentenced prisoners, have called for a review of the state’s execution protocol.
“When something this horrific happens, the government has a responsibility to pause, investigate what went wrong, and make sure it never happens again…Instead, Tennessee is recklessly rushing towards another execution without conducting any internal investigation or making any effort to address the failures that led to this botched attempt.”
On May 21, 2026, Tennessee attempted to execute Tony Carruthers but failed to do so after execution team members could not establish an IV line following more than an hour of attempts, prompting Gov. Lee to halt the execution and issue a one-year reprieve. In a written statement, the Tennessee Department of Corrections (TDOC) said medical personnel had quickly established a primary IV line but were unable to establish a backup line as required by the state’s protocol. Following the state’s botched attempt to execute Mr. Carruthers, his counsel named Dr. Mark Walton Fowler as the physician responsible for establishing IV access and alleged he had not placed a central line in over a decade before attempting to do so during the execution.
In a letter dated June 25, 2026, a group of Tennessee Republican senators called on Gov. Lee to commission an independent review of the failed execution of Mr. Carruthers, to order the correction of “every deficiency” found in this review, and to make information about the execution team publicly available “so that the Department [of Corrections’] readiness can be independently verified.” The senators maintained their support for the death penalty but noted they “cannot accept its incompetent administration” and that Mr. Carruthers’ failed execution attempt “was a failure of the State of Tennessee to carry out a lawful sentence of its own courts.” A 2022 independent review, commissioned by Gov. Lee after problems arose in the preparations for the execution of Oscar Smith, found that the state repeatedly failed to follow its own protocols in preparing for and performing eight executions between 2018 and 2022. The letter to Gov. Lee notes that the same question that prompted this review persists today: “whether the Department is competently discharging the duties the law has placed in its hands.”
Despite calls from lawmakers and counsel for several death-sentenced prisoners, Gov. Lee has made clear he has no intention of delaying the three remaining scheduled executions in 2026: Anthony “Darrell” Hines (August 13), Christa Pike (September 30), and Gary Wayne Sutton (December 3). “The protocol itself and the process for the death penalty in this state, which is the law of Tennessee that the people have decided — the protocol itself still stands as it should,” said Gov. Lee. “Those victims of the most heinous crimes in our state deserve to have justice there. The people in Tennessee have spoken about it.”
Attorneys for Mr. Hines, the next prisoner scheduled to be executed, have asked TDOC whether Dr. Fowler will again be responsible for setting IV lines during Mr. Hines’ execution. TDOC refused to say whether Dr. Fowler, who lacks hospital privileges and last set a central line more than a decade ago, will be the execution physician for the state’s August 13 scheduled execution of Mr. Hines. Following Mr. Carruthers’ failed execution, counsel for Mr. Hines called on Gov. Lee in a letter to grant him a reprieve based on Tennessee’s perceived inability to “carry out executions in accordance with the Constitution, state law and its own protocols.” Their request also outlined Mr. Hines’ medical conditions. He has suffered multiple strokes that have left him partially blind and confined to his bed, unable to move without assistance. Following TDOC’s refusal to disclose Dr. Fowler’s potential participation, citing the state’s secrecy statutes as precluding it from sharing this information, counsel for Mr. Hines renewed their request for Gov. Lee to grant a reprieve “until the Tennessee courts fully consider the constitutionality of the 2025 Lethal Injection Protocol, including its related policies and practices regarding selection and retention of execution personnel.”
“TDOC refuses to say whether it will continue using a doctor who has shown himself to be incapable of performing his duties under the Tennessee execution protocol. Governor Lee must step in to prevent yet another horrifying failure from inflicting lasting trauma on everyone involved.”
Mr. Hines is among nine prisoners who in 2025 filed a lawsuit challenging Tennessee’s lethal injection execution protocol based on constitutional concerns. This suit remains pending in Davidson County Chancery Court. In a deposition related to this suit, Dr. Fowler stated he last placed a central IV line around 2013, when he worked in an emergency room, and that he placed a dozen or more central lines during his career — one of which erroneously ended with a guide wire in the patient’s carotid vein. Dr. Fowler, during this deposition, confirmed that he has no current hospital privileges, meaning no hospital has authorized him to practice or perform procedures at its facility. TDOC’s refusal to give information about who will participate in Mr. Hines’ execution is similar to the Department’s refusal to answer such requests from counsel for Mr. Carruthers prior to his failed execution. The renewed call on Gov. Lee asks him to prevent another botched execution. “Only by allowing the court process to be fully litigated can Tennesseans be confident that the State can properly and humanely carry out Mr. Hines’ execution.”
To learn more about DOJ’s “Opt-In” Certification Process, click here.
On July 10, 2026, acting U.S. Attorney General Todd Blanche, in a notice filed by the Department of Justice Office of Legal Policy, certified that Tennessee “has established a post-conviction capital counsel mechanism satisfying the requirements of chapter 154 of title 28 of the United States code.” With this certification, the federal habeas deadline for Tennessee prisoners to file petitions for relief is reduced from one year to six months and has retroactive effect to the year 1997, potentially affecting the federal appeals of all death-sentenced prisoners in Tennessee. The effect of any state certification is the permanent limitation of federal review for state death-sentenced prisoners based solely on a state’s claims as to the quality of its post-conviction counsel, in a decision that cannot be changed even if the quality of counsel deteriorates.
Li Cohen, Tony Carruthers’ attorneys respond to Gov. Lee saying execution protocols will stand after botched attempt, WSMV, July 9, 2026; Catherine Sweeney, After failed execution, Gov. Lee says no moratorium, no protocol changes for lethal injection, WPLN, July 9, 2026; Gracyn Thatcher, Gov. Lee says execution protocols will stand after botched attempt, WVLT, July 7, 2026.