FRY v. LOPEZ

No. S-1-SC-34372 No. S-1-SC-34386.

447 P.3d 1086 (2019)

2019-NMSC-013

Robert FRY, Petitioner-Appellant, v. James LOPEZ, Warden, Penitentiary of New Mexico, Respondent-Appellee, and Timothy C. Allen, Petitioner-Appellant, v. Tim LeMaster, Warden, Respondent-Appellee.

Supreme Court of New Mexico.

Filing Date: June 28, 2019.


Attorney(s) appearing for the Case

McGarry Law Office, Kathleen McGarry , Glorieta, NM, Jacquelyn Robins , Albuquerque, NM, for Appellant Robert Fry.

Melissa Hill , Corrales, NM, Ray Twohig , Albuquerque, NM, for Appellant Timothy C. Allen.

Hector H. Balderas , Attorney General, M. Victoria Wilson , Assistant Attorney General, Santa Fe, NM, for Appellees James Lopez and Tim LeMaster.

UNM School of Law, George L. Bach, Jr. , Albuquerque, NM, for Amicus Curiae Professors at University of New Mexico School of Law.

The Law Office of Jamison Barkley, LLC, Jamison Barkley , Santa Fe, NM, The Law Office of John Day, LLC, John W. Day , Santa Fe, NM, UNM School of Law, Barbara E. Bergman , Albuquerque, NM, Jones, Snead, Wertheim & Clifford, P.A., Jerry Todd Wertheim , Santa Fe, NM, for Amicus Curiae New Mexico Criminal Defense Lawyers Association.


OPINION

I. INTRODUCTION

{1} In this case we revisit our statutory responsibility to ensure that the death penalty is reserved for the most heinous crimes. Since 1979, the New Mexico Legislature has directed this Court to ensure that "the death penalty shall not be imposed if ... the sentence of death...

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