Jurors May Be Excluded For Religious Objection To Death Penalty

In State v. Fry, (Dec. 8, 2005), the New Mexico Supreme Court held that in a capital case jurors who express religious opposition to the death penalty may be excluded without violating the state's constitutional provision (Art. VII, Sec. 3) prohibiting excluding citizens from a jury on the basis of religion. The court also held that defendant cannot insist that such individuals be placed on the jury for the determination of guilt and then replaced in the sentencing phase of the trial.