Allen v. Sanders ex rel. County of Maricopa

¶ 16 I respectfully dissent. The superior court’s determination that there is probable cause supporting the allegation of two prior convictions as aggravating circumstances under AR.S. § 13-752(F)(2) is supported by the record and was properly made after the court conducted a Chronis hearing. Accordingly, I would deny relief.

¶ 17 The majority concludes that the superior court contravened the Arizona Supreme Court’s holding in Sanchez v. Ainley, 234 Ariz. 250, 321 P.3d 415 (2014), that a grand jury deteimination of aggravating circumstances cannot be used as a basis for denying a capital…