Arizona

Criminal Procedure

Criminal Procedure

Rule 32.1 – Scope of Remedy

Generally. A defendant may file a notice requesting post-conviction relief under this rule if the defendant was convicted and sentenced for a criminal offense after a trial or a contested probation violation hearing, or in any case in which the defendant was sentenced to death.

No Filing Fee. There is no fee for filing a notice of post-conviction relief.

Grounds for Relief. Grounds for relief are:

(a) the defendant’s conviction was obtained, or the sentence was imposed, in violation of the United States or Arizona constitutions;
(b) the court did not have subject matter jurisdiction to render a judgment or to impose a sentence on the defendant;
(c) the sentence as imposed is not authorized by law;
(d) the defendant continues to be or will continue to be in custody after his or her sentence expired;
(e) newly discovered material facts probably exist, and those facts probably would have changed the judgment or sentence. Newly discovered material facts exist if:

(1) the facts were discovered after the trial or sentencing;
(2) the defendant exercised due diligence in discovering these facts; and
(3) the newly discovered facts are material and not merely cumulative or used solely for impeachment, unless the impeachment evidence substantially undermines testimony that was of such critical significance that the impeachment evidence probably would have changed the judgment or sentence.
(f) the failure to timely file a notice of appeal was not the defendant’s fault;
(g) there has been a significant change in the law that, if applicable to the defendant’s case, would probably overturn the defendant’s judgment or sentence; or
(h) the defendant demonstrates by clear and convincing evidence that the facts underlying the claim would be sufficient to establish that no reasonable fact-finder would find the defendant guilty of the offense beyond a reasonable doubt, or that no reasonable fact-finder would find the defendant eligible for the death penalty in an aggravation phase held pursuant to A.R.S. ยง 13-752.

Ariz. R. Crim. P. 32.1

Added by August 31, 2017, effective January 1, 2018; amended August 29, 2019, effective January 1, 2020.

Rule 32.1(a). This provision encompasses most traditional post-conviction claims, such as the denial of counsel, incompetent or ineffective counsel, or violations of other rights based on the United States or Arizona constitutions.

Rule 32.1(d). This provision is intended to include claims such as miscalculation of sentence or computation of sentence credits that result in the defendant remaining in custody when he or she should be free. It is not intended to include challenges to the conditions of imprisonment or correctional practices.

Rule 32.1(h). This claim is independent of a claim under Rule 32.1(e) concerning newly discovered evidence. A defendant who establishes a claim of newly discovered evidence need not comply with the requirements of Rule 32.1(h).