Jesse Mesa v. Hon. Warren J. Granville, Judge of the Superior Court of the State of Arizona, in and for the County…

Summary

The court held that when the State dismisses a prosecution in compliance with Rule 16.6 and obtains a new indictment, the Rule 15.1(i)(1) deadline for filing a death-penalty notice begins anew unless the State acted in bad faith or the defendant suffered prejudice. An untimely notice is not automatically invalid, although the trial court may impose sanctions, including striking the notice, under Rule 15.7. The court affirmed the denial of Mesa's motion to strike and remanded for further proceedings consistent with its opinion.