Rule 33.4. Filing a Notice Requesting Post-Conviction Relief
Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: January 1, 2020
Effective: January 1, 2020
16A A.R.S. Rules Crim.Proc., Rule 33.4
Formerly cited as AZ ST RCRP Rule 32.4
Rule 33.4. Filing a Notice Requesting Post-Conviction Relief
(C) Successive Notice for Claims of Ineffective Assistance of Rule 33 counsel. A defendant may raise a claim of ineffective assistance of Rule 33 counsel in a successive Rule 33 proceeding if the defendant files a notice no later than 30 days after the trial court's final order in the first post-conviction proceeding, or, if the defendant seeks appellate review of that order, no later than 30 days after the appellate court issues its mandate in that proceeding.
(A) Superior court. Upon receiving a notice, the superior court clerk must file it in the record of each original case to which it pertains. The clerk must promptly send copies of the notice to the defendant, defendant's counsel, the prosecuting attorney's office, and the Attorney General. The clerk must note in the record the date and manner of sending copies of the notice.
(B) Justice or Municipal Court. If the conviction occurred in a limited jurisdiction court, upon receiving a notice from a defendant, the limited jurisdiction court clerk must send a copy of the notice to the prosecuting attorney who represented the State, and to defendant's counsel or the defendant, if self-represented. The clerk must note in the record the date and manner of sending copies of the notice.
Credits
Added Aug. 29, 2019, effective Jan. 1, 2020.
16A A. R. S. Rules Crim. Proc., Rule 33.4, AZ ST RCRP Rule 33.4
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
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