S allen/J Allen v. Hon. sanders/state of Arizona

Summary

The court held that, in a pretrial challenge to a capital sentencing aggravator based on a concurrently charged offense, the trial court must independently decide whether the offense legally qualifies as a serious offense but must accept the grand jury's probable-cause determination for that offense. The court vacated the court of appeals' decision, affirmed the trial court's ruling, and remanded for further proceedings. The court also clarified that not every challenge to an aggravating circumstance requires an evidentiary hearing.