State v. Dearbone

To request the death penalty, the State must file in the trial court notice of a special sentencing proceeding within 30 days of defendant’s arraignment. The State also must serve a copy of this notice on defendant or defendant’s counsel within the 30 days, unless the trial court finds good cause to extend or reopen the period for filing and service of the notice. RCW 10.95.040(2).

On the day notice was due in this case, a deputy prosecutor from King County notified defense counsel by voice mail, and later in person, of the State’s intent to seek the death penalty. The deputy prosecutor did…