Arizona

Criminal Procedure

Criminal Procedure

Rule 32.2 – Preclusion of Remedy

(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 32.1(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.

Ariz. R. Crim. P. 32.2

Added by August 31, 2017, effective January 1, 2018; amended August 29, 2019, effective January 1, 2020; amended December 12, 2019, on an emergency basis, effective January 1, 2020; amended February 5, 2020, effective January 1, 2020.
Rules 32.2(b) and 33.2(b), Arizona Rules of Criminal Procedure, were amended on an emergency basis pursuant to Rule 28(h), Rules of the Supreme Court, by Order dated December 12, 2019 and on a permanent basis by Order dated February 5, 2020, effective Jan. 1, 2020.