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FILE - This Feb. 15, 2017, file photo from the New Mexico Corrections Department shows inmate Timothy Allen, one of just two men remaining on the New Mexico's death row after the state repealed capital punishment in 2009. The New Mexico Supreme Court on Friday, June 28, 2019, set aside the death penalty for Allen and Robert Fry, not seen, the other inmate awaiting execution after the state's 2009 repeal of capital punishment. In a divided opinion on Friday, the state's highest court concluded that sentences against Allen and Fry were disproportionate in comparison with comparable murder cases. (New Mexico Corrections Department via AP, File)

New Mexico sets aside final 2 death sentences

By MORGAN LEE - Associated Press

This Feb. 15, 2017, photo from the New Mexico Corrections Department shows inmate Timothy Allen, one of just two men remaining on the New Mexico's death row after the state repealed capital punishment in 2009. Defense attorneys for Allen and Robert Fry Tuesday, April 10, 2018, urged the state Supreme Court to consider an array of similar murder cases resulting in lighter sentences, as justices weigh whether to move forward with the executions in a state that no longer allows death sentences. (New Mexico Corrections Department via AP)

New Mexico high court eyes whether inmates can be executed

By MORGAN LEE - Associated Press