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: Capital Defense Weekly

missed another one

By Karl R. Keys, Esq.

Thanks to the helpful reader who tipped us off to the Arizona Supreme Court’s holding in Ryan John Chronis v. Steinle, No. CV-08-0394-SA Arizona Rule of Criminal Procedure 13.5(c) allows a defendant in a capital case to request a probable cause determination for alleged aggravating circumstances. Such determinations are to be made following the procedure in Arizona Rule of Criminal Procedure 5, under which the State bears the burden of proof. The trial court erred because it did not provide a probable cause hearing and it placed the burden of proof on Chronis.

Full post as published by Capital Defense Weekly on June 16, 2009 (boomark / email).