Eddie Lee Mays
Mays would become the last person to be executed by "Old Sparky", New York State's electric chair at Sing Sing prison. The State Electrician was Dow Hover. The electric chair had been the sole method of execution in the State since 1890 (hanging had been abolished in 1888). In 1965, the State of New York repealed the death penalty, except for cases involving the murder of a police officer. Although the legislature never fully repealed the death penalty statute, and the state even expanded it in 1995, there were no further executions because of rulings by the U.S. Supreme Court in 1972 and the New York Court of Appeals in 2004.
Capital punishment in New Mexico
Both Allen and Fry have filed petitions for writ of habeas corpus asserting that the death sentences in their cases are unconstitutional, both generally, and as applied to them individually. The conundrum is that if the New Mexico Supreme Court (or, later, the U.S. Supreme Court) happens to agree with Allen and Fry, their sentences will automatically become "life sentences." That is, they will both be subject to serving a term of 30 years before becoming eligible for parole. This is because, at the time each of their crimes for which they were convicted and sentenced to death New Mexico law provided only two options for sentencing in a capital offense: Life with the possibility of parole after 30 years, or Death. In 2009, the New Mexico legislature prospectively eliminated the death penalty, replacing "death" with a "true life" sentence—meaning, life without the possibility of parole. But the "ex post facto" clause of the constitution (art. 1, sec. 10) prevents the application of the life-without-the-possibility-of-parole to cases where capital crimes were committed in New Mexico before July 1, 2009.