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Rule 32.3. Nature of a Post-Conviction Proceeding and Relation to Other Remedies

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: January 1, 2020

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VIII. Appeal and Other Post-Conviction Relief
Rule 32. Post-Conviction Relief for Defendants Sentenced Following a Trial or a Contested Probation Violation Hearing
Effective: January 1, 2020
16A A.R.S. Rules Crim.Proc., Rule 32.3
Rule 32.3. Nature of a Post-Conviction Proceeding and Relation to Other Remedies
(a) Generally. A post-conviction proceeding is part of the original criminal action and is not a separate action. It displaces and incorporates all trial court post-trial remedies except those obtainable by Rule 24 motions and habeas corpus.
(b) Other Applications or Requests for Relief. If a court receives any type of application or request for relief--however titled--that challenges the validity of the defendant's conviction or sentence following a trial, it must treat the application as a petition for post-conviction relief. If that court is not the court that convicted or sentenced the defendant, it must transfer the application or request for relief to the court where the defendant was convicted or sentenced.
(c) Defendant Sentenced to Death. A defendant sentenced to death in a capital case must proceed under Rule 32 rather than Rule 33 for all post-conviction issues, even if the defendant pled guilty to first-degree murder or other crimes.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020.
16A A. R. S. Rules Crim. Proc., Rule 32.3, AZ ST RCRP Rule 32.3
State Court Rules are current with amendments received through May 1, 2024. The Code of Judicial Administration is current with amendments received through May 1, 2024.
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