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© Superior Court of Arizona in Maricopa County ALL RIGHTS RESERVED CRPCR1 - 5428 - 010120 POST-CONVICTION RELIEF 1 Petition for Post-Conviction Relief (Instructions and Forms)

POST-CONVICTION RELIEF 1© Superior Court of Arizona in Maricopa County Page 2 of 5 CRPCR11i-010120 ALL RIGHTS RESERVED Form: Petition for post-conviction relief

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  • © Superior Court of Arizona in Maricopa County ALL RIGHTS RESERVED CRPCR1 - 5428 - 010120

    POST-CONVICTION RELIEF

    1

    Petition for Post-Conviction Relief

    (Instructions and Forms)

  • © Superior Court of Arizona in Maricopa County CRPCR1k-010120 ALL RIGHTS RESERVED Page 1 of 1

    Law Library Resource Center

    Petition for Post-Conviction Relief

    Checklist

    You may use the forms and instructions in this packet if . . .

    ✓ You want to file for post-conviction relief, AND

    ✓ This filing is part of the original criminal action with the same case number, AND

    You are raising the issue / issues in this petition for the first time, AND

    You understand that you must file a Notice Requesting Post-Conviction Relief before you

    file the Petition for Post-Conviction Relief.

    ✓ You have read the post-conviction relief statutes (A.R.S. § 13-4231 and those that follow), and you are eligible for relief under the statutes.

    Do not use the forms in this packet if:

    You previously petitioned for post-conviction relief, OR You previously raised the issues in this petition before on appeal, OR You have appealed this case to a higher court.

    Read Me: Consulting a lawyer before filing documents with the court may help prevent unexpected results. A list of lawyers you may hire to advise you on handling your own case or to perform specific tasks can be found on the Law Library Resource Center website.

  • © Superior Court of Arizona in Maricopa County CRPCR1t-010120 ALL RIGHTS RESERVED Page 1 of 1

    Law Library Resource Center

    Post-Conviction Relief

    Part 1 – Instructions and Forms

    This packet contains instructions and forms to file for Post-Conviction Relief. Items in bold are forms that you will need to file with the Court. Non-bold items are instructions or procedures. Do not copy or file those pages!

    Order File Number Title # Pages

    1 CRPCR1k Checklist. You may use this packet if… 1

    2 CRPCR1t Table of Contents (this page) 1

    3 CRPCR10h General information About Post-Conviction Relief 1

    4 CRPCR11i Instructions to complete the forms and steps in the process 5

    5 CRPCR12f Notice Requesting Post-Conviction Relief 5

    6 CRPCR11f Petition for Post-Conviction Relief 6

    7 CRPCR13f Defendant’s Request for the Court Record 3

    The documents you have received are copyrighted by the Superior Court of Arizona in Maricopa County. You have permission to use them for any lawful purpose. These forms shall not be used to engage in the unauthorized practice of law. The Court assumes no responsibility and accepts no liability for actions taken by users of these documents, including reliance on their contents. The documents are under continual revision and are current only for the day they were received. It is strongly recommended that you verify on a regular basis that you have the most current documents.

  • © Superior Court of Arizona in Maricopa County Page 1 of 1 CRPCR10h-010120 ALL RIGHTS RESERVED

    Law Library Resource Center

    General information about post-conviction relief Post-conviction relief:

    • Is a process for raising an issue unknown at trial or for some reason not available at trial; • Provides a formal setting for the defendant to establish facts underlying a claim for relief when those

    facts have not been previously shown in court, and • Provides a formal setting to eliminate confusion and avoid repetitious and successive applications

    for relief while protecting the Petitioner's constitutional rights.

    The purpose of a statute or rule providing for post-conviction relief is:

    • To provide a means to question the alleged constitutional problem of a judgment or sentence, and • To afford a simple and efficient remedy to any defendant who claims that his or her conviction was

    obtained by disregarding a fundamental fairness essential to the very concept of justice; and • To determine if the trial court's judgment was clearly erroneous, and to give the trial court that made

    the initial determinations an opportunity to correct any irregularities that may have occurred at trial or sentencing.

    It is not the purpose of a state post-conviction relief statute or rule:

    • To provide a substitute for direct appeal; • To provide a second appeal (Thus, allegations of trial error involving constitutional violations are not

    able to be judicially heard in a motion for post-conviction relief without a showing of exceptional circumstances for not raising the constitutional grounds on direct appeal.); or

    • To provide an alternative method of reviewing mere errors in the conduct of the trial, or an opportunity for a belated Petition for rehearing.

    Note: A person unable to pay costs of this post-conviction relief proceeding and to obtain the services of an attorney should:

    1) indicate financial hardship and request counsel in Question 8 of the Notice form, and 2) execute the Declaration of Indigency on the last page of the Notice form.

    Read me: Consulting a lawyer before filing documents with the court may help prevent unexpected results.

    The state law explaining how to begin a post-conviction relief proceeding may be found in 16A A.R.S. Rules Crim. Procedure, Rule 32.4.

  • © Superior Court of Arizona in Maricopa County Page 1 of 5 CRPCR11i-010120 ALL RIGHTS RESERVED

    Law Library Resource Center

    Instructions: How to complete the forms and steps in the post-conviction relief process

    STEP 1: In black ink, please complete the forms in this packet using instructions below:

    Form: Notice Requesting Post-Conviction Relief Heading

    • At the top of the form, please fill in your name, street address, city, state, zip code, telephone number (if not protected), attorney bar number (if you are represented by an attorney.)

    • Put a check mark in the box if you are representing yourself. • If you have an attorney representing you, place a check mark in that box. • Write your first and last name on the line above “defendant.” • Write in your case number on the line at the upper right side of the page.

    Items A and B

    • Complete the personal information requested. • Information about your conviction may be found online at the Maricopa County Superior Court

    website. The case history lists the name of the crime, and the associated statute number. You may also find information about your sentence in the case history.

    • Remember to fill in your case number on the top right side of each page of the form • Place a check mark in the boxes that apply to you.

    Item C

    • Read the Rules in the box about Post Conviction Relief. • Make sure you know the difference between a claim under Rule 32.1 and a claim under Rule 33.1

    as you complete the rest of the forms. • Place a check mark in the boxes that apply to you. • If you need more space to state your facts and reasons, write “Continued on attached sheet,” label

    the attached sheet with the item number from the form and attach it to the Notice. Last Page

    • Request for Post-Conviction Relief. Check your work. If everything you wrote in the Notice form is true, sign and date your signature on the lines under the “Notice Requesting Post-Conviction Relief” portion of the form

    • Request for an Attorney and Declaration of Indigency: If you are requesting an attorney and cannot afford to pay one, write today’s date, and sign your name after the “Request for an Attorney and

    Declaration of Indigency.” Your signature represents a declaration under penalty of perjury that everything you wrote is true and correct.

  • © Superior Court of Arizona in Maricopa County Page 2 of 5 CRPCR11i-010120 ALL RIGHTS RESERVED

    Form: Petition for post-conviction relief

    General

    • In order for this Petition to be considered by the court, you must first file the form Notice of Post-Conviction Relief.

    • Each numbered item in the Petition must be answered fully and concisely in legible handwriting or by typing. When necessary, an answer to a particular question may be completed on an additional blank page, making clear to which question the continued answer refers.

    • Any false statement of fact made and sworn to under oath in this Petition could serve as the basis for prosecution and a perjury conviction. Therefore, be careful to assure that all answers are true and correct.

    • For this Petition, you may not use an issue which has already been raised and decided on appeal or in a previous Petition.

    • Be careful 1) to include every new reason for relief you know of, and 2) that the new reason being used in the Petition has not been raised and decided before this Petition.

    • Remember, if you raise an issue or reason for relief that has already been heard by the court or appealed, you may not use the same reason for this Petition.

    Heading

    • At the top of the form, please fill in your name, street address, city, state, zip code, telephone number (if not protected), attorney bar number (if you are represented by an attorney).

    • Put a check mark in the box if you are representing yourself. • If you have an attorney representing you, place a check mark in that box. • Write your first and last name on the line above “defendant”. • Write in your case number on the line at the upper right side of the page.

    Item 1

    • Complete the personal information requested on the lines given. • Information about your sentence and conviction may be found online at the Maricopa County

    Superior Court website. The case history lists the name of the crime, and the associated statute number. You may also find information about your sentence in the case history.

    • Remember to fill in your case number on the top right side of each page of the form. Item 2

    • Carefully read the list of reasons for Rule 32 post-conviction relief. • Then go back to the top of the list and place a check mark in the box(es) that apply to you.

    Item 3

    • Carefully read the list of reasons for Rule 33 post-conviction relief. • Then go back to the top of the list and place a check mark in the box(es) that apply to you.

  • © Superior Court of Arizona in Maricopa County Page 3 of 5 CRPCR11i-010120 ALL RIGHTS RESERVED

    Item 4 - Supporting Facts and Documents

    • Write the facts that support the reasons you believe you should be granted post-conviction relief. Supplement the facts with relevant statutory authority (state law) in support of your request.

    • If you need more space than the lines provide, Mark the box next to the sentence that begins “I attached a sheet labeled #4 A…” Continue the facts on an attached sheet, clearly marked “Petition – #4 A – Attachment.”

    • Part B: Follow the instruction on the form concerning newly discovered material. • Part C: On the lines provided, note the exhibit numbers of all affidavits, transcripts, documents, and

    other supporting evidence you are attaching as exhibits in support of this Petition. • Part D: Briefly list the reasons why you have no affidavits, transcripts, documents or other evidence

    supporting your claim for post-conviction relief. Item 5

    • Place a check mark in the appropriate box(es) to tell the court the other actions you have taken to get post-conviction relief. If you have not taken any of these actions, leave the boxes blank.

    Item 6

    • Place a check mark in the box that describes the kind of post-conviction relief you want the court to order.

    Declaration

    • If everything you wrote in the Petition form is true, sign and date your signature on the lines provided for the Defendant.

    Form: Defendant’s Request for the Court Record Top of Page

    • Complete the personal information and your case number on the lines provided.

    Document Request for the Clerk of Superior Court

    • If you want the Clerk of Superior Court to produce documents for your Post-conviction case, place a mark in the box on the left.

    • If the Defendant wants to omit items in the presumptive record, list the specific documents on the lines provided.

    • If the Defendant requests specific items in the presumptive record, list the specific documents on the lines provided.

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    Transcript Request of Court Proceedings

    • Be aware of the difference between 1 and 2 of this item. • Number 1 involves Defendant’s Notice under Rule 32: Mark the box(es) that show which transcripts

    you request. • Number 2 involves Defendant’s Notice under Rule 33: Mark the box(es) that show which transcripts

    you request under Rule 33. • Number 3 requires your thoughts about whether you may need any transcripts from the proceedings

    in the list. Mark the box(es) that show which proceeding transcript(s) you request. • Be aware that Rules 32.8(b) and 33.8(b) permit the court to order the preparation of only those

    transcripts deemed necessary for resolving issues you specified in the Notice Requesting Post-Conviction Relief. You must explain why you believe the requested transcripts are necessary.

    Signature

    • Review everything you wrote on the form. • Sign and date your signature on the lines provided. You may sign on the line marked “attorney” if

    you do not yet have attorney representation.

    STEP 2: Make Copies: You will need one set of originals plus 3 sets of copies.

    • Make three (3) copies of the following forms:

    o Notice,

    o Petition, and

    o Request for Court record

    STEP 3: Separate your documents into four (4) sets:

    SET 1 - ORIGINALS: for filing • Notice • Petition • Request for Court Record

    SET 3 – COPIES for County Attorney’s Office: • Notice • Petition • Request for Court Record

    SET 2 - COPIES FOR JUDGE: • Notice • Petition • Request for Court Record

    SET 4 – COPIES for Your Records • Notice • Petition • Request for Court Record

  • © Superior Court of Arizona in Maricopa County Page 5 of 5 CRPCR11i-010120 ALL RIGHTS RESERVED

    STEP 4: Deliver

    • Take your sets of originals and copies to the Clerk of Superior Court, Criminal Court Filing Counter in the county where the conviction occurred. If your case was in Maricopa County, you may go to any of the locations listed below. The Court is open Monday through Friday from 8:00 a.m. to 5:00 p.m. (See the locations below.)

    *You may also access the South Court Tower at the main Superior Court complex in downtown Phoenix by entering through the main court entrance at 201 W. Jefferson Street, and taking the escalator or elevator to the 3rd floor which connects to the South Court Tower. The Clerk of Superior Court will stamp all the sets of papers, keep the originals, and return the copies to you.

    • Keep one set of copies for your records. • Deliver the remaining two sets to Criminal Court Administration at the South Court Tower

    address listed above, or mail to:

    Criminal Court Administration, 201 W Jefferson Street, Phoenix, AZ 85003 Court Administration will distribute the copies to the Judge and to the Maricopa County Attorney’s Office.

    Next: Wait for the court to notify you about the next step in the process.

    Clerk of Superior Court South Court Tower 175 West Madison, 12th floor* Phoenix, Arizona 85003

    Clerk of Superior Court Southeast Court Complex 222 East Javelina Avenue, 1st floor Mesa, Arizona 85210

    Clerk of Superior Court Northeast Regional Court Center 18380 North 40th Street Phoenix, Arizona 85032

    Clerk of Superior Court Northwest Court Complex 14264 West Tierra Buena Lane Surprise, Arizona 85374

  • © Superior Court of Arizona in Maricopa County CRPCR12f-010120 ALL RIGHTS RESERVED Page 1 of 5

    Person Filing: Address (if not protected): City, State, Zip Code: Telephone: Email Address: Lawyer’s Bar Number:

    Representing Self, without a Lawyer or Attorney for State or Defendant

    SUPERIOR COURT OF ARIZONA IN MARICOPA COUNTY

    Case Number: ______________________ State of Arizona

    NOTICE REQUESTING POST-CONVICTION RELIEF

    Defendant (First, MI, Last)

    If the Defendant was sentenced after a trial or after a probation violation hearing, or if the Defendant was sentenced to death, the Defendant must request relief under Rule 32 of the Arizona Rules of Criminal Procedure. If the Defendant was sentenced after a plea of guilty or no contest, after the admission of a probation violation, or after an automatic violation of probation, the Defendant must request relief under Rule 33 of the Arizona Rules of Criminal Procedure. There are time limits for filing this notice. See section C below. There are also time limits for filing a petition for post-conviction relief. See Rules 32.7 and 33.7.

    STATEMENTS MADE TO THE COURT, UNDER OATH OR AFFIRMATION: A. Information about me, the defendant:

    1. Name (first, middle, and last):

    2. Date of Birth:

    3. Mailing Address:

    City, State, Zip Code:

    4. Is the Defendant currently in jail or prison? Yes No

    If yes, the Defendant’s inmate number is:

    For Clerk’s Use Only

  • Case No.

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    B. Information about the defendant’s sentence:

    1. Defendant was Sentenced on the following (date): , 20____

    2. Defendant was sentenced after: (Place a check mark in the box below that applies.)

    A Plea of Guilty or no contest.

    A Trial.

    An Admission of a Probation Violation

    Automatic Violation of Probation (Because the Defendant was convicted of another crime.)

    Probation Violation Hearing.

    3. The Defendant was sentenced in this case for the following crime or crimes:

    4. The Defendant received the following sentence:

    5. The Defendant was represented by the following lawyer at sentencing: __________________________

    6. After the Defendant was sentenced, the Defendant had an appeal Yes No

    If yes, the appellate court issued its mandate on:

    7. After the Defendant was sentenced, the Defendant had a previous post-conviction proceeding (under

    Rule 32 or 33): Yes No

    If yes, that proceeding was final on the following date: _______________________________________

    C. Post-Conviction Relief Claim:

    Under Rule 32.1(a), a Defendant may request post-conviction relief after a trial or a contested probation violation hearing or after the Defendant was sentenced to death, if the Defendant’s conviction was obtained, or the sentence was imposed, in violation of the United States or Arizona constitutions. Under Rule 33.1(a), a Defendant may request post-conviction relief if the Defendant’s guilty or no contest plea or admission to a probation violation was obtained, or the sentence was imposed, in violation of the United States or Arizona constitutions. A claim of incompetent or ineffective assistance of counsel is raised under 32.1 (a) or Rule 33.1 (a).

  • Case No.

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    1. Is the Defendant raising a claim under Rule 32.1(a)? Yes No

    If yes, this notice is being timely filed:

    within 90 days after the oral pronouncement of sentence,

    OR

    within 30 days after the issuance of the mandate in the direct appeal.

    OR This notice is not timely, but that is not the Defendant’s fault because:

    (State the facts supporting the claim that it is not the Defendant’s fault. If you need more space, attach a sheet labeled “#C-1 Post-Conviction Relief” containing the rest of your explanation.)

    2. Is the Defendant raising a claim under Rule 33.1(a)? Yes No

    If yes, this notice is being timely filed:

    within 90 days after the oral pronouncement of sentence,

    Or

    The Defendant is raising a claim that the Defendant received ineffective assistance of Rule 33 counsel in Defendant’s first Rule 33 proceeding

    And

    This notice is being filed:

    No later than 30 days after the trial court’s final order in the first post-conviction proceeding

    Or

    If the Defendant requested appellate review of that order, no later than 30 days after the appellate court issued its mandate in that proceeding.

    Or

  • Case No.

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    This notice is not timely, but that is not the Defendant’s fault because: ((State the facts supporting the claim that it is not the Defendant’s fault. If you need more space, attach a sheet

    labeled “#C-2 Post-Conviction Relief” containing the rest of your explanation.)

    3. Is the Defendant raising a claim under Rule 32.1(b)-(h) or Rule 33.1(b)-(h)? Yes No

    If yes, check all the boxes that apply:

    The court did not have subject matter jurisdiction to render a judgment or impose a sentence on the Defendant (Rule 32.1(b) or 33.1(b).)

    The sentence as imposed is not authorized by law, or, if the Defendant entered a plea, the sentence

    is not authorized by the plea agreement. (Rule 32.1(c) or 33.1(c).)

    The Defendant continues to be or will continue to be in custody after the sentence expires (Rule 32.1(d) or 33.1(d).)

    Newly discovered material facts probably exist, and those facts probably would have changed the

    judgment or sentence (Rule 32.1(e) or 33.1(e).)

    The failure to timely file a notice of appeal or a notice of post-conviction relief was not the Defendant’s fault (Rule 32.1(f) or 33.1(f).)

    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 (Rule 32.1(g) or 33.1(g).)

    There is 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. § 13-752. (Rule 32.1(h) or 33.1(h).)

  • Case No.

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    THE DEFENDANT:

    has raised each claim within a reasonable time after learning of the claim,

    or

    has failed to timely file a notice, but that is not the Defendant’s fault because:

    (State the facts supporting the claim that it is not the Defendant’s fault. If you need more space, attach a

    sheet labeled “#C-3 Post-Conviction Relief” containing the rest of your explanation.)

    REQUEST FOR POST-CONVICTION RELIEF:

    • I am requesting post-conviction relief. I understand that my petition for post-conviction relief must include every ground for relief that is known to me that has not been previously raised and decided.

    _______________________ __________________________________ Date Defendant’s signature REQUEST FOR AN ATTORNEY AND DECLARATION OF INDIGENCY:

    • I request the court to appoint an attorney to represent me in this post-conviction proceeding.

    • I am indigent, and because of my poverty I am financially unable to pay a lawyer to represent me without

    incurring substantial hardship to myself or my family.

    • I declare under penalty of perjury that the foregoing is true and correct.

    _______________________ __________________________________ Date Defendant’s signature

  • © Superior Court of Arizona in Maricopa County CRPCR11f – 010120 ALL RIGHTS RESERVED Page 1 of 6

    Person Filing: Address (if not protected): City, State, Zip Code: Telephone: Email Address: Lawyer’s Bar Number:

    Representing Self, without a Lawyer or Attorney for State or Defendant

    SUPERIOR COURT OF ARIZONA

    IN MARICOPA COUNTY Case Number: State of Arizona

    PETITION FOR POST-

    CONVICTION RELIEF Under

    Rule 32 (after trial or probation violation hearing, or after sentence of death)

    ________________________________ Defendant’s Name (First, MI, Last) Rule 33 (after plea of guilty or no contest, after the

    admission of probation violation, or after an automatic violation of probation)

    INSTRUCTIONS TO THE DEFENDANT

    (1) You must first file a Notice Requesting Post-Conviction Relief before you file this petition.

    (2) Answer the questions in this petition in readable handwriting or by typing. Use additional blank pages for completing your answers, if necessary, but write on only one side of the page.

    (3) Indicate above whether you are filing this petition under Rule 32 or Rule 33. If you are filing under Rule

    32, answer question 2. If you are filing under Rule 33, answer question 3.

    (4) Do not raise issues you have already raised on your appeal (if any) or in a previous petition for post-conviction relief (if any). Include in this petition every ground for relief you are aware of and that has not been raised and decided previously. If you do not raise such a ground now, you may not be able to raise it later.

    (5) File your completed petition with the Clerk of Superior Court where you were convicted and sentenced

    (or mail it to the Clerk of Superior Court for filing). There are time limits for filing the petition. • If you file under Rule 32, see the time limits in Rule 32.7. • If you file under Rule 33, see the time limits in Rule 33.7.

    For Clerk’s Use Only

  • Case Number: _____________

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    STATEMENTS MADE TO THE COURT, UNDER OATH:

    1. Information about the defendant: Name: _____

    Current Status: On Probation Incarcerated On Parole On Community Supervision

    Inmate Number (if any):

    2. Rule 32 reason(s) for requested relief: Defendant claims the following grounds for relief: (Place a check mark next to the reason(s) that apply to your case):

    The Defendant’s conviction was obtained, or the Defendant’s sentence was imposed, in violation of the

    United States or Arizona constitutions (Rule 32.1 (a)), specifically:

    The Defendant was denied the constitutional right to representation by a competent and effective lawyer at every critical stage of the proceeding.

    The State used evidence at trial it obtained during an unlawful arrest. The State used evidence at trial it obtained during an unconstitutional search and seizure. The State used an identification at trial that violated the Defendant’s constitutional rights.

    The State used a coerced confession at trial; used a statement obtained in the absence of a lawyer, at a time when representation by a lawyer was constitutionally required; or there was other infringement of the Defendant’s right against self-incrimination.

    The State suppressed favorable evidence. The State used perjured testimony.

    There was a violation of the Defendant’s right not to be placed twice in jeopardy for the same offense or punished twice for the same act.

    To determine the Defendant’s sentence, the State used a prior conviction that was obtained in

    violation of the United States or Arizona constitutions or Arizona statutes.

    The abridgement of any other right guaranteed by the constitution or the laws of this state, or the constitution of the United States, including a right that was not recognized as existing at the time of the trial if retrospective application of that right is required.

    The court did not have subject matter jurisdiction to render a judgment or to impose a sentence on the

    Defendant. (Rule 32.1 (b).)

    The sentence is not authorized by law. (Rule 32.1 (c).)

    The Defendant continues to be or will continue to be in custody after his or her sentence expired. (Rule 32.1 (d).)

  • Case Number: _____________

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    Newly discovered material facts probably exist, and those facts probably would have changed the

    judgment or sentence. (Rule 32.1 (e).) The failure to timely file a notice of appeal was not the Defendant’s fault. (Rule 32.1 (f).)

    There has been significant change in the law that, if applicable to the Defendant’s case, would probably

    overturn the Defendant’s conviction or sentence. (Rule 32.1 (g).)

    This petition 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. § 13-752. (Rule 32.1 (h).)

    Any other ground within the scope of Rule 32, Arizona Rules of Criminal Procedure (Please specify the

    grounds below):

    3. Rule 33 reason(s) for requested relief: Defendant claims the following reasons/grounds for relief. (Place a check mark next to the reason(s) that apply to your case):

    Rule 33.1(a): The Defendant’s plea or admission to a probation violation was obtained, or the

    Defendant’s sentence was imposed, in violation of the United States or Arizona constitutions.

    The Defendant was denied the constitutional right to representation by a competent and effective lawyer at every critical stage of the proceeding.

    There was a violation of the Defendant’s right not to be punished twice for the same act.

    The abridgement of any other right guaranteed by the constitution or the laws of this state, or the

    constitution of the United States, including a right that was not recognized as existing at the time of the trial if retrospective application of that right is required.

    The court did not have subject matter jurisdiction to render a judgment or to impose a sentence on the

    Defendant. (Rule 33.1 (b).)

    The sentence is not authorized by law or by the plea agreement. (Rule 33.1 (c).)

    The Defendant continues to be or will continue to be in custody after his or her sentence expired, (Rule 33.1 (d).)

    Newly discovered material facts probably exist, and those facts probably would have changed the

    judgment or sentence. (Rule 33.1 (e).)

    The failure to timely file a notice of post-conviction was not the Defendant’s fault. (Rule 33.1 (f).)

    There has been a significant change in the law that, if applicable to the Defendant’s case, would probably overturn the Defendant’s conviction or sentence. (Rule 33.1 (g).)

  • Case Number: _____________

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    This petition 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. (Rule 33.1 (h).)

    4. Supporting facts and documents:

    A. The Defendant submits the following facts and legal authorities in support of this petition. (If you

    need more space, attach a sheet labeled “#4 A Post-Conviction Relief” containing the rest of your explanation.)

    B. Identify any newly discovered material facts in support of a claim for newly discovered evidence.

    Specify when the Defendant learned of these facts for the first time, and how they would have affected the trial or proceeding. (If you need more space, attach a sheet labeled “#4 B Post-Conviction Relief” containing the rest of your explanation.)

    C. The following affidavits, transcripts, and documents are attached in support of the petition: Affidavits [Exhibit(s) # Transcripts [Exhibit(s) # Documents [Exhibit(s) #

    D. No affidavits, transcripts or other supporting documents are attached because:

  • Case Number: _____________

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    5. Actions taken:

    The Defendant has taken the following actions to secure relief from his conviction or sentence: (Place

    a check mark in the appropriate box below.)

    A. Appeal? YES or NO (If yes, name the courts to which the appeals were taken, date of appeals, number, and result.)

    B. Previous Post-Conviction Proceedings? YES or NO (If yes, name the court in which the

    previous petitions were filed, dates, and results. Include any appeals from decisions on those petitions.)

    C. Previous Habeas Corpus or Special Action Proceedings in the Courts of Arizona?

    YES or NO (If yes, name the court(s) in which such petitions were filed, dates, numbers, and results, including all appeals from decisions on such petitions.)

    D. Habeas Corpus or Other Petitions in Federal Courts: YES or NO (If yes, name the

    districts in which petitions were filed, dates, court numbers – civil action or miscellaneous, and results, including all appeals from decisions on such petitions.)

    E. If the answers to one or more of the questions 5A, 5B, 5C, or 5D are “yes,” explain why the issues that are raised in this petition have not been finally decided or raised before. (State facts.)

  • Case Number: _____________

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    6. Relief requested: Because of the foregoing reasons, the relief which the Petitioner/Defendant requests is: (Place a check mark in the appropriate box):

    A. Release from custody and discharge. B. A new trial. C. Correction of Sentence. D. The right to file a delayed appeal. E. Other relief (specify):

    DECLARATION: I declare under penalty of perjury that the information contained in this form and in any attachments is true to the best of my knowledge or belief. _______________ ___________________________________________ Date Defendant’s Signature

  • © Superior Court of Arizona in Maricopa County CRPCR13f-010120 ALL RIGHTS RESERVED Page 1 of 3

    Person Filing: Address (if not protected): City, State, Zip Code: Telephone: Email Address: Lawyer’s Bar Number:

    Representing Self, without a Lawyer or Attorney for State or Defendant SUPERIOR COURT OF ARIZONA IN MARICOPA COUNTY Case Number: State of Arizona

    DEFENDANT’S REQUEST for THE COURT RECORD

    _________________________ Defendant’s Name (First, MI, Last) NOTE: The court’s record includes all documents filed with the Clerk of Superior Court. The court’s record also includes transcripts of oral proceedings conducted in the courtroom. A defendant who requests copies of items admitted into evidence must make the request by a separate motion.

    The Defendant has filed a Notice Requesting Post-Conviction Relief under Rule 32 (or) Rule 33. The Defendant now requires items from the court’s record to prepare the Defendant’s petition for post-conviction relief. Defendant requests the items checked below. The Defendant’s signature below affirms that the defendant has not previously received the requested items.

    The defendant requests documents filed with the clerk:

    The filed documents presumptively include the charging documents, motions and responses to motions and replies, minute entries, presentence reports and other reports to the court, and court orders. This is referred to as “the presumptive record.” If the Defendant wants to omit items in the presumptive record, list them here:

    For Clerk’s Use Only

  • Case No._______________

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    If the Defendant requests items in addition to what is in the presumptive record, list them here:

    The defendant requests transcripts of court proceedings: 1. Rule 32 Proceedings: If the Defendant’s Notice Requesting Post-Conviction Relief was filed under

    Rule 32, the Defendant requests transcripts of the following:

    Evidentiary hearings. Specify the subjects of the evidentiary hearings, or indicate “all”:

    Trial. If this box is checked, specify whether the Defendant requests transcripts of: (Check all

    that apply.) Hearings on pretrial motions Jury selection

    Opening statements

    Testimony of witnesses

    Final arguments

    Hearings on legal issues during trial Hearings on Post-Trial Motions

    Settlement Conference

    Sentencing, including any presentence hearing

    Rule 11 hearings

    Other (specify): __________________________________________________________ 2. Rule 33 Proceedings: If the Defendant’s Notice Requesting Post-Conviction Relief was filed under

    Rule 33, the Defendant requests transcripts of the following:

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    © Superior Court of Arizona in Maricopa County CRPCR13f-010120 ALL RIGHTS RESERVED Page 3 of 3

    Change of Plea

    Presentence Hearing

    Sentencing

    Probation Revocation Arraignment

    Probation Violation Hearing

    Probation Violation Disposition Hearing

    Rule 11 Hearing

    Settlement Conference

    Other (specify): __________________________________________________________ 3. Omitted Proceedings. The court will not provide transcripts of the following proceedings unless the

    Defendant checks a box requesting one or more specific items.

    Hearings on Motions to Continue

    Hearings Concerning Conditions of the Defendant’s Pre-trial Release

    Arraignments

    Pretrial Conferences

    Trials in which no verdict was returned 4. Basis for Transcript Request. Rules 32.8(b) and 33.8(b) permit the court to order the preparation of

    only those transcripts deemed necessary for resolving issues the defendant has specified in the Notice Requesting Post-Conviction Relief. Please explain why the requested transcripts are necessary for resolving the issues raised in this post-conviction relief proceeding:

    Dated this _____ day of _____________________, 20_____

    ______________________________________________________ Defendant or Attorney for Defendant

    Copy of the foregoing Mailed this _____ day of __________________, 20______ to: _____________________________________________________________________ _____________________________________________________________________

    CRPCR1czCRPCR1kzCHECKLIST

    CRPCR1ftzCRPCR10hzCRPCR11izCRPCR12fzCRPCR11fzCRPCR13fzCRPCR1kz.pdfCHECKLIST

    CRPCR1kz.pdfCHECKLIST

    Defendant Name: Date of Birth: Mailing Address: City State Zip Code_2: If yes the Defendants inmate number is: Def currently in jail Yes CRPCR12f: OffDef currently in jail No CRPCR12f: OffCase: If yes that proceeding was final on the following date: Def had appeal Yes CRPCR12f: OffDef had appeal No CRPCR12f: OffPrevious Post-Conviction Yes CRPCR12f: OffPrevious Post-Conviction No CRPCR12f: OffPlea of Guilty CRPCR12f: OffA trial CRPCR12f: OffDef claim R: 32 Yes CRPCR12f: Off32 No CRPCR12f: Off33 Yes CRPCR12f: Off33 No CRPCR12f: Off32: 1 Yes CRPCR12f: Off1 No CRPCR12f: Off

    Person Filing: Address if not protected: City State Zip Code: Telephone: Email Address: Lawyers Bar Number: Attorney for: OffDefendant: OffState of Arizona: Rule 32 after trial or probation violation hearing CRPCR11f: OffRule 33 after plea of guilty or no contest after the CRPCR11f: OffOn Probation CRPCR11f: OffIncarcerated CRPCR11f: OffOn Parole CRPCR11f: OffOn Community Supervision CRPCR11f: OffInmate Number if any CRPCR11f: Release from custody R: 32 CRPCR11f: Off33 CRPCR11f: Off

    Denied constitutional rights CRPCR11f: OffUnlawful evidence R: 32 CRPCR11f: Off

    Evidence at trial R: 32 CRPCR11f: Off

    Identification at trial R: 32 CRPCR11f: Off

    Coerced confession R: 32 CRPCR11f: Off

    Supressed favorable evidence R: 32 CRPCR11f: Off

    State used perjury testimony R: 32 CRPCR11f: Off

    Violation of def rights R: 32 CRPCR11f: Off

    Def sentence R: 32 CRPCR11f: Off

    No SMJ R: 32 CRPCR11f: Off

    Sentence not authorized R: 32 CRPCR11f: Off

    Def continues R: 32 CRPCR11f: Off

    Newly discovered material facts R: 32 CRPCR11f: Off

    Failure to timely file R: 32 CRPCR11f: Off

    Significant change in law R: 32 CRPCR11f: Off

    This petition demonstrates R: 32 CRPCR11f: Off

    Any other grounds R: 32 CRPCR11f: Off

    grounds below 1 CRPCR11f: grounds below 2 CRPCR11f: The Defendant was denied the constitutional right to representation by a competent and effective R: 33 CRPCR11fs: Off

    There was a violation of the Defendants right not to be punished twice for the same act CRPCR11fs: OffThe abridgement of any other right guaranteed by the constitution or the laws of this state or the CRPCR11fs: OffRelease from custody CRPCR11f: OffThe sentence is not authorized CRPCR11f: OffThe defendant continues to be CRPCR11f: OffNewly discovered material CRPCR11f: OffFailure to timely file CRPCR11f: OffSignificant change in law CRPCR11f: OffPetition demonstrates by clear and convincing CRPCR11f: Offexplanation 1 CRPCR11f: explanation 2 CRPCR11f: explanation 3 CRPCR11f: explanation 4 CRPCR11f: Conviction Relief containing the rest of your explanation 1 CRPCR11f: Conviction Relief containing the rest of your explanation 2 CRPCR11f: Conviction Relief containing the rest of your explanation 3 CRPCR11f: Conviction Relief containing the rest of your explanation 4 CRPCR11f: Affidavits Exhibits CRPCR11f: Transcripts Exhibits CRPCR11f: Documents Exhibits CRPCR11f: D 1 CRPCR11f: D 2 CRPCR11f: D 3 CRPCR11f: D 4 CRPCR11f: Appeal Yes CRPCR11f: OffAppeal No CRPCR11f: Offappeals number and result 1 CRPCR11f: appeals number and result 2 CRPCR11f: appeals number and result 3 CRPCR11f: B Previous PostConviction Proceedings YES CRPCR11f: OffNO_2 CRPCR11f: Offpetitions 1 CRPCR11f: petitions 2 CRPCR11f: petitions 3 CRPCR11f: Previous Habeas Corpus Yes CRPCR11f: OffPrevious Habeas Corpus No CRPCR11f CRPCR11f: Offnumbers and results including all appeals from decisions on such petitions 1 CRPCR11f: numbers and results including all appeals from decisions on such petitions 2 CRPCR11f: numbers and results including all appeals from decisions on such petitions 3 CRPCR11f: D Habeas Corpus or Other Petitions in Federal Courts YES CRPCR11f: OffNO_4 CRPCR11f: Offresults including all appeals from decisions on such petitions 1 CRPCR11f: results including all appeals from decisions on such petitions 2 CRPCR11f: results including all appeals from decisions on such petitions 3 CRPCR11f: results including all appeals from decisions on such petitions 4 CRPCR11f: that are raised in this petition have not been finally decided or raised before State facts 1 CRPCR11f: that are raised in this petition have not been finally decided or raised before State facts 2 CRPCR11f: that are raised in this petition have not been finally decided or raised before State facts 3 CRPCR11f: that are raised in this petition have not been finally decided or raised before State facts 4 CRPCR11f: Release from custody and discharge CRPCR11f: OffA new trial CRPCR11f: OffCorrection of Sentence CRPCR11f: OffThe right to file a delayed appeal CRPCR11f: OffOther Relief CRPCR11f: OffOther relief specify 1 CRPCR11f: Other relief specify 2 CRPCR11f: Other relief specify 3 CRPCR11f: Date CRPCR11f: Self without a Lawyer: OffState or: Offof items admitted into evidence must make the request by a separate motionCRPCR13fCRPCR13f: OffRule 32 orCRPCR13f: Offhas not previously received the requested itemsCRPCR13f: OffIf the Defendant wants to omit items in the presumptive record list them here 1CRPCR13f: If the Defendant wants to omit items in the presumptive record list them here 2CRPCR13f: If the Defendant wants to omit items in the presumptive record list them here 3CRPCR13f: If the Defendant wants to omit items in the presumptive record list them here 4CRPCR13f: If the Defendant requests items in addition to what is in the presumptive record list them here 1CRPCR13f: If the Defendant requests items in addition to what is in the presumptive record list them here 2CRPCR13f: If the Defendant requests items in addition to what is in the presumptive record list them here 3CRPCR13f: If the Defendant requests items in addition to what is in the presumptive record list them here 4CRPCR13f: Check Basdfasdox1CRPCR13f: OffEvidentiary hearingsCRPCR13f: OffSpecify the subjects of the evidentiary hearings or indicate all 1CRPCR13f: Specify the subjects of the evidentiary hearings or indicate all 2CRPCR13f: Specify the subjects of the evidentiary hearings or indicate all 3CRPCR13f: Trial If this box is checked specify whether the Defendant requests transcripts of Check allCRPCR13f: OffHearings on pretrial motionsCRPCR13f: OffJury selectionCRPCR13f: OffOpening statementsCRPCR13f: OffTestimony of witnessesCRPCR13f: OffFinal argumentsCRPCR13f: OffHearings on legal issues during trialCRPCR13f: OffHearings on PostTrial MotionsCRPCR13f: OffSettlement ConferenceCRPCR13f: OffSentencing including any presentence hearingCRPCR13f: OffRule 11 hearingsCRPCR13f: OffOther specifyCRPCR13f: Offundefined_2CRPCR13f: Change of PleaCRPCR13f: OffPresentence HearingCRPCR13f: OffSentencingCRPCR13f: OffProbation Revocation ArraignmentCRPCR13f: OffProbation Violation HearingCRPCR13f: OffProbation Violation Disposition HearingCRPCR13f: OffRule 11 HearingCRPCR13f: OffSettlement Conference_2CRPCR13f: Offundefined_3CRPCR13f: Other specify_2CRPCR13f: OffHearings on Motions to ContinueCRPCR13f: OffHearings Concerning Conditions of the Defendants Pretrial ReleaseCRPCR13f: OffArraignmentsCRPCR13f: OffPretrial ConferencesCRPCR13f: OffTrials in which no verdict was returnedCRPCR13f: Offresolving the issues raised in this postconviction relief proceeding 1CRPCR13f: resolving the issues raised in this postconviction relief proceeding 2CRPCR13f: Dated thisCRPCR13f: day ofCRPCR13f: 20CRPCR13f: Copy of the foregoing Mailed thisCRPCR13f: day of_2CRPCR13f: 20_2CRPCR13f: toCRPCR13fCRPCR13f: undefined_4CRPCR13fCRPCR13f: Defendant was Sentenced on the following dateCRPCR12f: Year CRPCR12fCRPCR12f: Admission of probation violation Yes CRPCR12fCRPCR12f: OffAutomatic violation CRPCR12fCRPCR12f: OffProbation violation Yes CRPCR12fCRPCR12f: OffThe Defendant was sentenced in this case for the following crime or crimes 1CRPCR12f: The Defendant was sentenced in this case for the following crime or crimes 2CRPCR12f: The Defendant received the following sentenceCRPCR12f: sheet labeled C3 PostConviction Relief containing the rest of your explanation 1CRPCR12f: sheet labeled C3 PostConviction Relief containing the rest of your explanation 2CRPCR12f: sheet labeled C3 PostConviction Relief containing the rest of your explanation 3CRPCR12fCRPCR12f: sheet labeled C3 PostConviction Relief containing the rest of your explanation 4CRPCR12f: The Defendant was represented by the following lawyer at sentencing CRPCR12f: If yes the appellate court issued its mandate on CRPCR12f: within 90 days after the oral pronouncement of sentence CRPCR12f: Offwithin 30 days after the issuance of the mandate in the direct appeal CRPCR12f: OffThis notice is not timely but that is not the Defendants fault because CRPCR12f: Offattach a sheet labeled C1 PostConviction Relief containing the rest of your explanation 1 CRPCR12f: attach a sheet labeled C1 PostConviction Relief containing the rest of your explanation 2 CRPCR12f: attach a sheet labeled C1 PostConviction Relief containing the rest of your explanation 3 CRPCR12f: attach a sheet labeled C1 PostConviction Relief containing the rest of your explanation 4 CRPCR12f: attach a sheet labeled C1 PostConviction Relief containing the rest of your explanation 5 CRPCR12f: attach a sheet labeled C1 PostConviction Relief containing the rest of your explanation 6 CRPCR12f: attach a sheet labeled C1 PostConviction Relief containing the rest of your explanation 7 CRPCR12f: attach a sheet labeled C1 PostConviction Relief containing the rest of your explanation 8 CRPCR12f: attach a sheet labeled C1 PostConviction Relief containing the rest of your explanation 9 CRPCR12f: attach a sheet labeled C1 PostConviction Relief containing the rest of your explanation 10 CRPCR12f: within 90 days after the oral pronouncement of sentence_2 CRPCR12f: OffThe Defendant is raising a claim that the Defendant received ineffective assistance of Rule CRPCR12f: OffNo later than 30 days after the trial courts final order in the first postconviction CRPCR12f: OffIf the Defendant requested appellate review of that order no later than 30 days after CRPCR12f: OffThis notice is not timely but that is not the Defendants fault because State the facts CRPCR12f: Offlabeled C2 PostConviction Relief containing the rest of your explanation 1 CRPCR12f: labeled C2 PostConviction Relief containing the rest of your explanation 2 CRPCR12f: labeled C2 PostConviction Relief containing the rest of your explanation 3 CRPCR12f: labeled C2 PostConviction Relief containing the rest of your explanation 4 CRPCR12f: labeled C2 PostConviction Relief containing the rest of your explanation 5 CRPCR12f: labeled C2 PostConviction Relief containing the rest of your explanation 6 CRPCR12f: labeled C2 PostConviction Relief containing the rest of your explanation 7 CRPCR12f: labeled C2 PostConviction Relief containing the rest of your explanation 8 CRPCR12f: labeled C2 PostConviction Relief containing the rest of your explanation 9 CRPCR12f: labeled C2 PostConviction Relief containing the rest of your explanation 10 CRPCR12f: The court did not have subject matter jurisdiction to render a judgment or impose a sentence on the CRPCR12f: OffThe sentence as imposed is not authorized by law or if the Defendant entered a plea the sentence CRPCR12f: OffThe Defendant continues to be or will continue to be in custody after the sentence expires Rule CRPCR12f: OffNewly discovered material facts probably exist and those facts probably would have changed the CRPCR12f: OffThe failure to timely file a notice of appeal or a notice of postconviction relief was not the Defendants CRPCR12f: OffThere has been a significant change in the law that if applicable to the Defendants case would CRPCR12f: OffThere is clear and convincing evidence that the facts underlying the claim would be sufficient to CRPCR12f: Offhas raised each claim within a reasonable time after learning of the claim CRPCR12f: Offhas failed to timely file a notice but that is not the Defendants fault because CRPCR12f: Offsheet labeled C3 PostConviction Relief containing the rest of your explanation 5 CRPCR12f: sheet labeled C3 PostConviction Relief containing the rest of your explanation 6 CRPCR12f: sheet labeled C3 PostConviction Relief containing the rest of your explanation 7 CRPCR12f: sheet labeled C3 PostConviction Relief containing the rest of your explanation 8 CRPCR12f: sheet labeled C3 PostConviction Relief containing the rest of your explanation 9 CRPCR12f: sheet labeled C3 PostConviction Relief containing the rest of your explanation 10 CRPCR12f: Date CRPCR12f: Date_2 CRPCR12f: