Tuesday, December 27, 2011

New Mexico Supreme Court reinstates death row inmate's appeal

SANTA FE, N.M. (AP) - The state Supreme Court has revived a legal challenge by a death row inmate.

The court reinstated a habeas corpus petition by Timothy Allen of Bloomfield, who was convicted of murder, kidnapping and attempted rape of a 17-year-old girl.

The killing occurred near Flora Vista in 1994. In a ruling earlier this month, the justices said a district court wrongly dismissed Allen's legal challenge as a sanction for refusing to answer deposition questions.

Allen seeks to overturn his convictions and death sentence.

He says his lawyers failed to do an adequate pre-trial investigation of his mental health background.

He contends he was abused as a child and suffers from psychiatric disorders.

The Supreme Court upheld Allen's convictions and sentence in 1999.

Robert Fry of Farmington also is on death row.

(Copyright 2011 The Associated Press. All rights reserved.)

Source: http://farmington.kob.com/news/news/104557-new-mexico-supreme-court-reinstates-death-row-inmates-appeal

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