The New Mexico Supreme Court vacated the death sentences of the final two inmates on death row Friday, ruling the sentences were not in line with sentences for similarly “horrendous” crimes. The court sent the cases of Timothy Allen and Robert Fry back to district court in San Juan County to instead impose sentences of life in prison. New Mexico last executed an inmate in 2001 when convicted murderer and rapist Terry Clark died by lethal injection; before Clark, New Mexico had not executed an inmate since 1960. In 2009, Gov. Bill Richardson signed a bill repealing the death penalty in New Mexico. Both Allen and Fry were sentenced under the 1979 law which allowed for prosecutors to seek the death penalty in certain cases.
The New Mexico Supreme Court unanimously struck down a controversial proposal to add a straight-party option to November’s ballot. Secretary of State Maggie Toulouse Oliver announced last month that she would reinstate an option on November’s ballot to allow people to vote for all candidates of a given party with one mark on the ballot. That decision was challenged by the Libertarian and Republican parties of New Mexico, along with a Utah-based political action committee, a non-profit advocate group for independent candidates and one Democratic write-in candidate. On Wednesday, Chief Justice Judith Nakamura called it a tough decision, but said only state lawmakers can add add straight-party voting to the ballot. “Until the legislature makes a decision one way or the other, the Secretary of State cannot,” Nakamura said.
The Second Judicial District Attorney and Albuquerque Police Department chief told members of the New Mexico Supreme Court Tuesday that a court order on time limits for trials needed to be changed. The comments came during a meeting on the case management order (CMO) from the Supreme Court to those in Bernalillo County. Among those giving feedback on the CMO were Bernalillo County District Attorney Kari Brandenburg, Albuquerque Police Chief Gorden Eden, Bernalillo County Sheriff Manuel Gonzales and Chief Public Defender Jorge Alvarado. The high court previously mandated the CMO amid concern that Bernalillo County wasn’t prosecuting felony cases fast enough as jails overcrowded. Among its changes are a mandate that arraignment comes 10 days after either an indictment, arrest or filing of criminal information of a case—whatever comes last.