Created: 09/04/2014 8:23 AM
By: BARRY MASSEY, Associated Press
SANTA FE, N.M. (AP) - New Mexico's remaining death row inmates are asking the state Supreme Court to spare them from potential execution because lawmakers repealed capital punishment after they were sentenced to die by lethal injection.
Timothy Allen and Robert Fry contend their death sentences violate state and federal constitutional protections because New Mexico abolished capital punishment in 2009 for future murders but left it in place for them. Both men were convicted and sentenced to death for murders committed years before the repeal.
The court will hear arguments from lawyers on Oct. 1, but a decision by the justices likely wouldn't be issued until later.
No execution has been scheduled for either Fry or Allen, and both have pending post-conviction appeals in district court. The Supreme Court has previously upheld their convictions.
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