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This Court should reject the application of the death sentence to Robert Fry and Tim Allen for statutory and constitutional reasons. First, H.B. 285, 49th Leg., 1st Sess. (N.M. 2009) repealed the statutory authority governing execution of the death sentence. Without statutory authority, the Corrections Department cannot act. In addition, in light of the repeal of the death sentence in New Mexico, the application of the death sentence to Mr. Fry and Mr. Allen would violate the Cruel and Unusual Punishment Clause and the Equal Protection Clause of the New Mexico Constitution. An alternative basis for precluding the use of the death sentence is the Equal Protection Clause of the New Mexico Constitution, which has been interpreted broadly by this Court. The Court should strictly scrutinize the classification at issue in these cases because it infringes upon the fundamental right to life protected by the Inherent Rights Clause of Article II, Section 4 of the New Mexico Constitution.


New Mexico Supreme Court


Docket Number 34,372

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Death Penalty


  • Robert Fry v. James Lopez, Docket number 34,372
  • Allen v. LeMaster, Docket number 34,386

Brief II.pdf (386 kB)



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