New Mexico Supreme Court

State of New Mexico, Plaintiff-Appellee v. Corey Franklin, Defendant-Appellant.

February 15, 2018413 P.3d 861

Summary

The New Mexico Supreme Court affirmed the district court, holding that the statutory distinction denying first‑degree murderers the opportunity to present mitigating evidence at sentencing does not violate equal protection because the classes are not similarly situated, that the constitutionality of the statute is reviewed de novo, and that no remand for a mitigation hearing is required.