This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The Defendant was indicted for first-degree murder and other charges. Ninety-eight days after arraignment, the State filed a notice of intent to seek the death penalty, citing a mitigating circumstance instead of the required statutory aggravating circumstances. The notice was filed eight days late, and the Defendant moved to bar the State from seeking the death penalty due to the untimely filing and improper citation of aggravating circumstances (paras 1-2).
Procedural History
- District Court, Santa Fe County, 2005: The trial court allowed the State to file an amended notice of intent to seek the death penalty, finding good cause for the late filing and no prejudice to the Defendant. The court permitted an interlocutory appeal to the Supreme Court to address the issue (paras 3-4).
Parties' Submissions
- Defendant-Appellant: Argued that Rule 5-704(A) is jurisdictional, requiring the State to file its notice or request an extension within 90 days of arraignment. Claimed the State lacked good cause for the late filing and that the rule's requirements were not met (paras 4, 13).
- State-Appellee: Contended that the Supreme Court lacked jurisdiction over the interlocutory appeal. Asserted that Rule 5-704(A) allows for extensions after the 90-day period upon showing good cause and that the trial court correctly found good cause for the late filing (paras 5, 18).
Legal Issues
- Does the Supreme Court have jurisdiction to hear an interlocutory appeal in a death penalty case?
- Does Rule 5-704(A) require the State to file a notice of intent to seek the death penalty or request an extension within 90 days of arraignment?
- Did the State demonstrate good cause for its late filing of the notice of intent to seek the death penalty?
Disposition
- The Supreme Court held that it had jurisdiction to hear the interlocutory appeal.
- The Court ruled that Rule 5-704(A) requires the State to file its notice or request an extension within 90 days of arraignment.
- The Court found that the State failed to properly motion the trial court to allow a late filing and granted the Defendant's motion to strike the notice of intent to seek the death penalty (paras 28-29).
Reasons
Per Chávez CJ. (Minzner, Serna, Maes, and Bosson JJ. concurring):
Jurisdiction: The Court determined that it had jurisdiction under Section 39-3-3 to hear interlocutory appeals in cases where a sentence of life imprisonment or death could be imposed. The legislature intended for the Supreme Court to have jurisdiction over such appeals to ensure efficient resolution of significant pre-trial issues (paras 6-11).
Rule 5-704(A): The Court interpreted Rule 5-704(A) as requiring the State to file its notice of intent to seek the death penalty or request an extension within 90 days of arraignment. The rule was designed to ensure timely and cost-effective resolution of death penalty cases. The Court clarified that Rule 5-104(B), which allows for extensions of time limits, does not apply to Rule 5-704(A) (paras 16-19, 24-26).
State's Failure to Motion: The Court found that the State did not properly motion the trial court to allow a late filing of its notice of intent. The State's oral request during the hearing on the Defendant's motion to strike was insufficient under Rule 5-104(B). The Court emphasized that the State must affirmatively seek an extension within the prescribed time frame (paras 20-23).
Modification of Rule 5-704(A): The Court directed the Rules Committee to amend Rule 5-704(A) to explicitly preclude late filings without a timely motion for an extension and to clarify that Rule 5-104(B) does not apply to Rule 5-704(A) (paras 24-26).
Good Cause: The Court did not address whether the State demonstrated good cause for the late filing, as the procedural failure to properly motion the trial court rendered the issue moot (para 12).
The Court remanded the case to the district court for further proceedings consistent with its opinion (para 29).