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Rule 32.2. Preclusion of Remedy

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 32.2
Rule 32.2. Preclusion of Remedy
Currentness
(a) Preclusion. A defendant is precluded from relief under Rule 32.1(a) based on any ground:
(1) still raiseable on direct appeal under Rule 31 or in a post-trial motion under Rule 24;
(2) finally adjudicated on the merits in an appeal or in any previous post-conviction proceeding; or
(3) waived at trial or on appeal, or in any previous post-conviction proceeding, except when the claim raises a violation of a constitutional right that can only be waived knowingly, voluntarily, and personally by the defendant.
(b) Claims Not Precluded. Claims for relief based on Rule 32.1(b) through (h) are not subject to preclusion under Rule 32.2(a)(3), but they are subject to preclusion under Rule 32.2(a)(2). However, when a defendant raises a claim that falls under Rule 32.l(b) through (h) in a successive or untimely post-conviction notice, the defendant must explain the reasons for not raising the claim in a previous notice or petition, or for not raising the claim in a timely manner. If the notice does not provide sufficient reasons why the defendant did not raise the claim in a previous notice or petition, or in a timely manner, the court may summarily dismiss the notice. At any time, a court may determine by a preponderance of the evidence that an issue is precluded, even if the State does not raise preclusion.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020. Amended on an emergency basis Dec. 12, 2019, effective Jan. 1, 2020, adopted on a permanent basis Feb. 5, 2020.
16A A. R. S. Rules Crim. Proc., Rule 32.2, AZ ST RCRP Rule 32.2
State Court Rules are current with amendments received and effective through September 15, 2023. The Code of Judicial Administration is current with amendments received through September 15, 2023.
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