SUPERIOR COURT OF ARIZONA IN _________________________________________ County
STATE OF ARIZONA, Plaintiff [CASE/COMPLAINT NO.]
-vs- ________________________
NOTICE OF RIGHTS AFTER SENTENCING IN A CAPITAL CASE
____________________________
Defendant (first, middle, and last name)
RIGHT TO APPEAL (CAPITAL CASE). If you were sentenced to death, the clerk will automatically file a notice of appeal at the time the court enters its judgment and the death sentence. This notice is a sufficient notice of appeal with respect to all judgments entered and sentences imposed in your case. If you are indigent, the Supreme Court will appoint an attorney to represent you on your direct appeal.
RIGHT TO POST-CONVICTION RELIEF (CAPITAL CASE. If the Supreme Court affirms your death sentence, upon the issuance of a mandate affirming your conviction and sentence on direct appeal, the Supreme Court Clerk will automatically file with the superior court a Notice Requesting Post-Conviction Relief. The superior court will appoint a lawyer to represent you in the post-conviction relief proceeding.
If on direct appeal the Supreme Court vacates your death sentence, it is your responsibility to file your own Notice Requesting Post-Conviction Relief. See the section below: Right to Post-Conviction Relief (Non-Capital Case).
RIGHT TO POST-CONVICTION RELIEF (NON-CAPITAL CASE). Every defendant has a right to file a petition in the superior court requesting post-conviction relief.
1. What to File. To exercise your right to post-conviction relief, you first must file a Notice Requesting Post-Conviction Relief, Form 24(b).
2. When to File. The notice must arrive at the clerk’s office within 30 days after the issuance of the order and mandate on direct appeal. If you do not file a Notice Requesting Post-Conviction Relief within the required time, you may lose the opportunity to have the court correct any errors that might have occurred in your case.
3. How to File. You must obtain a copy of Form 24(b) (Notice Requesting Post-Conviction Relief), either from your attorney, the clerk of the court, or staff at the jail or prison where you are incarcerated. Complete the notice and file it with, or send it to, the clerk of the superior court of the county where you were sentenced. The notice must arrive at the clerk’s office within the time specified in paragraph 2.
4. Requesting a Lawyer. If you want a lawyer to represent you in your post-conviction proceeding and you cannot afford to hire a lawyer, you must sign the Declaration of Indigency contained in the Notice Requesting Post-Conviction Relief, Form 24(b) and request the court to appoint a lawyer to represent you.
If you want a full copy of the rules governing appeals and post-conviction relief proceedings, the clerk of the court in the county where you were convicted will send you one upon request.
RECEIPT BY DEFENDANT. I have received a copy of this notice.
________________ _________________
Date Defendant’s Signature