In the Matter of Death Penalty Sentencing Jury Instructions

Summary

The Supreme Court of New Mexico approved amendments to UJI 14-121 NMRA and adopted new UJI 14-121A NMRA concerning jury procedures in death-penalty sentencing cases. The amendments, effective November 30, 2009, apply to all new and pending cases in New Mexico district courts and permit the use of separate juries for guilt and sentencing.

Holdings

1. The Supreme Court of New Mexico had authority, pursuant to its constitutional power to adopt procedural rules and exercise superintending control, to revise the procedures governing the use of juries in the limited number of pending death-penalty cases.
2. The court approved the amendments to UJI 14-121 NMRA, adopted new UJI 14-121A NMRA, and made both effective November 30, 2009, for all new and pending cases in New Mexico district courts.

Questions Presented

1. Whether the Supreme Court of New Mexico had authority to revise the procedural rules governing jury participation in death-penalty sentencing proceedings.
2. Whether amended UJI 14-121 NMRA and newly adopted UJI 14-121A NMRA should apply to all new and pending death-penalty cases in New Mexico district courts.

Disposition

approved