State of Arizona, Petitioner v. the Honorable Pamela S. Gates, Judge of the Superior Court of the State of Arizona…

Summary

The court held that a capital defendant who objects to a pretrial intellectual-disability evaluation under § 13-753(B) cannot later reinstate the statutory right to that evaluation by withdrawing the objection. The court nevertheless held that the trial court retains discretion to order an evaluation after a waiver if the defendant requests or consents to it, subject to consideration of prejudice to the State or victims. The court vacated the trial court's order and remanded for application of those guidelines.