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MESA v. GRANVILLE

No. CR-16-0053-PR.

386 P.3d 387 (2016)

Jesse MESA, Petitioner, v. Hon. Warren J. GRANVILLE, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona, Real Party in Interest.

Supreme Court of Arizona.

Filed December 21, 2016.

Attorney(s) appearing for the Case

Eric W. Kessler (argued), Sandra Hamilton, Mesa, Attorneys for Jesse Mesa

William G. Montgomery , Maricopa County Attorney, Karen Kemper (argued), Deputy County Attorney, Phoenix, Attorneys for State of Arizona

Maricopa County Public Defender's Office, Amy Kalman (argued), Mikel Steinfeld , Deputy Public Defenders, Phoenix, and Amy P. Knight , Kuykendall & Associates, Tucson, Attorneys for Amici Curiae Maricopa County Public Defender's Office and Arizona Attorneys for Criminal Justice

Natman Schaye , Arizona Capital Representation Project, Tucson, Attorneys for Amicus Curiae Arizona Capital Representation Project

CHIEF JUSTICE BALES authored the opinion of the Court, in which VICE CHIEF JUSTICE PELANDER and JUSTICES BRUTINEL, TIMMER and BOLICK joined.

¶ 1 Under Arizona Rule of Criminal Procedure 15.1(i)(1), the state, within sixty days of arraignment, "shall provide to the defendant notice of whether [it] intends to seek the death penalty." Here, the State did not file such a notice after Jesse Mesa was arraigned; instead, after discovering new...

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