Jesse Mesa v. Hon. granville/state

Summary

The court held that when the State lawfully dismisses a prosecution without prejudice and obtains a new indictment, the deadline for filing a death-penalty notice restarts, unless the State acted in bad faith or the defendant suffered prejudice. It also held that an untimely notice is not automatically invalid, although sanctions, including striking the notice, may be imposed. The court therefore affirmed denial of Mesa's motion to strike and remanded for further proceedings.