The Arizona Supreme Court is scheduled to decide Wednesday whether prosecutors can get a second chance to seek a death sentence for a person awaiting trial in a homicide case.
At issue is whether prosecutors can file a notice of intent to seek a death sentence for a murder defendant if they miss the filing deadline but then have the original case dismissed and replaced with a new set of charges.
A 24-year-old man is charged with first-degree murder and other crimes in the 2014 robbery killing of a Phoenix shop clerk.
Prosecutors originally didn't filed a notice of intent to seek a death sentence but started the case anew and filed a notice after being told Jesse Ruben Mesa allegedly shot the clerk and later laughed about it.
