Post-Conviction Relief

RULE 32, AZ RULES OF CRIMINAL PROCEDURE

RULE 32.1 - SCOPE OF REMEDY:

Subject to the limitations of Rule 32.2, any person who has been convicted of, or sentenced for, a criminal offense may, without payment of any fee, institute a proceeding to secure appropriate relief.

Any person who pled guilty or no contest, admitted a probation violation, or whose probation was automatically violated based upon a plea of guilty or no contest shall have the right to file a post-conviction relief proceeding, and this proceeding shall be known as a Rule 32 of-right proceeding.

Grounds for relief are:

1. The conviction or the sentence was in violation of the Constitution of the United States or of the State of Arizona;
2. The court was without jurisdiction to render judgment or to impose sentence;
3. The sentence imposed exceeded the maximum authorized by law, or is otherwise not in accordance with the sentence authorized by law;
4. The person is being held in custody after the sentence imposed has expired;
5. Newly discovered material facts probably exist and such facts probably would have changed the verdict or sentence. Newly discovered material facts exist if:
   (1) The newly discovered material facts were discovered after the trial.
   (2) The defendant exercised due diligence in securing the newly discovered material facts.
   (3) The newly discovered material facts are not merely cumulative or used solely for impeachment, unless the impeachment evidence substantially undermines testimony which was of critical significance at trial such that the evidence probably would have changed the verdict or sentence.
6. The defendant's failure to file a notice of post-conviction relief of-right or notice of appeal within the prescribed time was without fault on the defendant's part; or
7. There has been a significant change in the law that if determined to apply to defendant's case would probably overturn the defendant's conviction or sentence; or
8. The defendant demonstrates by clear and convincing evidence that the facts underlying the claim would be sufficient to establish that no reasonable fact-finder would have found defendant guilty of the underlying offense beyond a reasonable doubt, or that the court would not have imposed the death penalty.

RULE 32.2 - PRECLUSION OF REMEDY:

1. Preclusion. -- A defendant shall be precluded from relief under this rule based upon any ground:
   (1) Still raiseable on direct appeal under Rule 31 or on post-trial motion under Rule 24;
   (2) Finally adjudicated on the merits on appeal or in any previous collateral proceeding;
   (3) That has been waived at trial, on appeal, or in any previous collateral proceeding.
2. The court was without jurisdiction to render judgment or to impose sentence;
3. Exceptions. -- Rule 32.2(a) shall not apply to claims for relief based on Rules 32.1(d), (e), (f), (g) and (h). When a claim under Rules 32.1(d), (e), (f), (g) and (h) is to be raised in a successive or untimely post-conviction relief proceeding, the notice of post-conviction relief must set forth the substance of the specific exception and the reasons for not raising the claim in the previous petition or in a timely manner. If the specific exception and meritorious reasons do not appear substantiating the claim and indicating why the claim was not stated in the previous petition or in a timely manner, the notice shall be summarily dismissed
4. Standard of proof. -- The state shall plead and prove any ground of preclusion by a preponderance of the evidence. Though the state has the burden to plead and prove grounds of preclusion, any court on review of the record may determine and hold that an issue is precluded regardless of whether the state raises preclusion.

Notice of Post Conviction Relief 
Petition for Post Conviction Relief