Sammantha Allen, John Michael Allen, Petitioners v. the Honorable Teresa A. Sanders, Judge of the — Bolick, J…

Summary

Justice Bolick concurs in the result but rejects the majority's continued recognition of a judicially developed right to an evidentiary probable-cause hearing under Rule 13.5(c). He would adhere to the rule's text, which permits a defendant to challenge the legal sufficiency of an aggravating circumstance by motion and leaves the trial court discretion to decide whether a hearing is warranted. He argues that any expansion or clarification of the rule should occur through formal rulemaking rather than case-by-case adjudication.