Fry v. Lopez

Summary

The New Mexico Supreme Court reconsidered the comparative proportionality of Robert Fry’s and Timothy Allen’s death sentences under NMSA 1978, Section 31-20A-4(C)(4). The court held that the sentences were disproportionate to penalties imposed in similar cases and violated the statute, remanding for imposition of life imprisonment. The decision also revisited the court’s prior approach to comparative proportionality review under State v. Garcia.

Holdings

1. The court may reconsider the comparative proportionality of a death sentence in habeas proceedings when an intervening change in law or fact, or the interests of justice, warrants reconsideration. The prospective repeal of the death penalty supplied both an intervening change and an extraordinary circumstance justifying review.
2. The universe of comparison cases remains limited to cases in which the prosecution sought the death penalty, the case proceeded to a capital sentencing hearing at which the jury found at least one aggravating circumstance, and the resulting death or life sentence was affirmed on appeal.
3. The comparison pool must include not only cases involving the same statutory aggravating circumstance but also factually similar crimes in which the jury had the option to impose the death penalty.
4. A death sentence is disproportionate under Section 31-20A-4(C)(4) when juries do not generally impose death in similar cases and there is no real justification for imposing death in the case under review.
5. Fry's and Allen's death sentences were statutorily disproportionate because death was not generally imposed in cases involving the same aggravating circumstances or materially similar facts, and the State identified no real justification for the sentencing disparity.

Questions Presented

1. Whether the court could reconsider the comparative proportionality of Fry's and Allen's death sentences during state habeas proceedings despite having previously upheld those sentences on direct appeal.
2. Whether Garcia's framework for comparative proportionality review under NMSA 1978, Section 31-20A-4(C)(4), should be modified.
3. What universe and pool of cases must be used for comparative proportionality review of a New Mexico death sentence.
4. What test determines whether a death sentence is disproportionate under Section 31-20A-4(C)(4).
5. Whether Fry's and Allen's death sentences were statutorily disproportionate to the penalties imposed in similar cases.

Disposition

reversed_and_remanded