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Court to rule on 2nd chance to file death penalty notices

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Posted at 5:39 AM, Dec 21, 2016
and last updated 2016-12-21 10:36:59-05

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.