As it stands now he could now be eligible for parole in less than two years, something the state is now appealing.

The case went in front of the Tennessee Supreme Court on Wednesday as the state tries to keep Payne behind bars. The state and defense agreed to Payne serving two life sentences but the Supreme Court needs to rule whether the sentences should be served concurrently or consecutively.

The Tennessee Supreme Court will review the re-sentencing of death row inmate Pervis Payne, considering his intellectual disability.

The Tennessee Supreme Court on Wednesday heard arguments in the case of Pervis Payne, a man who has been incarcerated for 37 years in a Memphis-area murder. As it stands now he could now be eligible for parole in less than two years,