Law Commons^™

Brief For Professors At Unm School Of Law As Amicus Curiae, Fry V. Lopez, George Bach

Faculty Scholarship

Argument:

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 (N.M. 2009) repealed the statutory authority governing execution of the death sentence.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 …