Overview
- By a 6–2 vote, the SCJN exercised its power to attract amparo 104/2021, moving final review from a collegiate tribunal to the high court.
- Minister Sara Irene Herrerías was declared impeded because she previously oversaw the Colosio investigation at the FGR.
- The collegiate tribunal must send the original case file so a minister can draft a proposed ruling for a future plenary vote, and no decision date has been set.
- The core question is whether sentencing should follow the Federal Penal Code or Baja California’s 1994 code, which capped homicide at 30 years that reporting indicates Aburto has already served.
- The Court framed the review around how to assess a magnicide under the traditional system to safeguard the rights of both the accused and the victims.