An appeals court in Tennessee has granted an appeal against a voluntary manslaughter conviction, ruling that a woman’s gender history should have been disclosed to the jury during the original court proceedings. The decision has led to accusations from some advocates that it revives elements associated with so-called “trans panic” defences.
Samuel J. Ward was found guilty of the voluntary manslaughter of Paris Lee after a jury rejected his claim that he had acted in self-defence. Ward claimed he visited Lee’s home, where an argument broke out. He alleged that Lee pulled out a firearm, causing him to fall backwards down a staircase. Ward said he then drew his own gun and shot Lee from the foot of the stairs.
The Tennessee Court of Criminal Appeals announced its decision on 5 October and ordered a new trial in the June 2022 killing. The three-judge panel found that the trial court had wrongly excluded evidence relating to Lee’s sex assigned at birth, which Ward’s lawyers argued was relevant to his claimed level of fear during the confrontation.
The ruling was first highlighted by independent journalist Jamie Satterfield.
The decision does not find that Ward’s actions were justified, but it could provide a pathway for further appeals. The court found that evidence relating to Lee’s sex assigned at birth should not have been excluded from consideration during the trial.
Prosecutors argued that multiple elements of Ward’s account were questionable. Lee had been shot six times and her body was found at the foot of the stairs. Ward left the scene and drove approximately 30 minutes to his home before contacting authorities. He reportedly had no visible injuries.
The decision has raised concerns among LGBTIQA+ advocates, who argue it echoes aspects of the “gay panic” and “trans panic” defences historically used by some defendants. These arguments have sought to justify violent actions based on a victim’s sexual orientation or gender identity. While Tennessee does not have a specific law prohibiting trans panic defences, similar arguments have been restricted or banned in many jurisdictions.
Kayla Gore, executive director of My Sistah’s House, a Memphis organisation supporting Black and Brown transgender people fleeing violence, said the decision sent a troubling message beyond the courtroom.
“What concerns me as a community organiser is what happens when a courtroom treats a Black trans woman’s identity as a material explanation for someone’s fears,” Gore told Erin in the Morning. “They want that as evidence presented to the jury or the judge as a deciding factor on whether or not this was self-defence. It sends a message far beyond the courtroom.”
Gore said the case had left people in the local transgender community frightened. She added that while she understood the court was considering a defendant’s right to present a defence, there was an important distinction between determining whether evidence is legally relevant and suggesting that a transgender woman is inherently more dangerous.
