The question of whether Maricopa County Attorney Rachel Mitchell has the statutory authority to seek a warrant of execution is now before the Arizona Supreme Court.
Mitchell and state Attorney General Kris Mayes are at odds on the issue.
Mayes has argued that only her office has the authority to seek a death warrant, as Arizona law says “the state” files notice.
Mitchell contends that means all prosecuting agencies, and not just the AG .
At stake is whether Mitchell can obtain a warrant of execution for convicted murderer Aaron Gunches. His warrant expired before it could be carried out.
What the top court decides will likely have implications beyond Gunches, as there are currently 109 people on death row in Arizona.
Gunches pleaded guilty to first degree murder and kidnapping in the 2002 death of Ted Price, his girlfriend's ex husband.
His convictions were affirmed but the death sentence was thrown out. A new jury, however, reinstated the death penalty.
Gunches waived his right to post-conviction review and in November 2022 filed a motion on his own behalf seeking an execution warrant. That was joined the following month by then-Attorney General Mark Brnovich.
But Gunches withdrew that request in January 2023 and Mayes sought to withdraw the warrant.
The high court refused. Only thing is, the warrant — which has a fixed time limit — expired before the execution was carried out. And Mayes has refused to seek a new one.
