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Old 11-12-2017, 11:44 PM
mama_pig mama_pig is offline
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Default Post Conviction Relief AZ?

Had anyone gone through and had success with Arizona Rule 32 Petition for Post Conviction Relief?
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Old 11-13-2017, 09:43 AM
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I haven't seen any cases of Rule 32 helping anybody. I'm sure that it happens on rare occasion, but I've never personally heard of anyone benefiting from it and I've been doing prison outreach since 2011.

https://www.azleg.gov/viewdocument/?...s/13/04231.htm
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Subject to the limitations of section 13-4232, any person who has been convicted of or sentenced for a criminal offense may, without payment of any fee, institute a proceeding to secure appropriate relief on any of the following grounds:

1. The conviction or the sentence was in violation of the Constitution of the United States or of this state.

2. The court was without jurisdiction to render judgment or to impose sentence.

3. The sentence imposed exceeded the maximum authorized by law or is otherwise not in accordance with the sentence authorized by law.

4. The person is being held in custody after his sentence has expired.

5. Newly discovered material facts probably exist and that the facts probably would have changed the verdict or sentence. Newly discovered material facts exist if:

(a) The newly discovered material facts were discovered after the trial.

(b) The defendant exercised due diligence in securing the newly discovered material facts.

(c) The newly discovered material facts are not merely cumulative or used solely for impeachment, unless the impeachment evidence substantially undermines testimony which was of critical significance at trial such that the evidence probably would have changed the verdict or sentence.

6. The defendant's failure to appeal from the judgment or sentence, or both, within the prescribed time was without fault on his part.

7. There has been a significant change in the law that if determined to apply to the defendant's case would probably overturn the defendant's conviction or sentence.
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C. In noncapital cases, the notice shall be filed within ninety days after the judgment and sentence are entered or within thirty days after the order and mandate affirming the judgment and sentence is issued on direct appeal, whichever is later. A defendant has sixty days from the filing of the notice in which to file a petition. On the filing of a successive notice, a defendant has thirty days from the filing of the notice in which to file a petition.
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Old 11-19-2017, 11:40 PM
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Quote:
Originally Posted by mama_pig View Post
Had anyone gone through and had success with Arizona Rule 32 Petition for Post Conviction Relief?
Personally, I have had no basis to do one for my LO. Professionally, I haven't done them in the past 15 years. The 80s, we had some successful ones but that was because the law was changing and there were some Supreme Court cases and higher Arizona court cases that local old-time judges and prosecutors in our county simply were unfamiliar with. There were also some problems in calculating release dates in the "olden" days.

It is extremely difficult and expensive to succeed in any appeal process. Yet, it does happen every day as statistically the number that are filed results in some success. But, as you can see from where Kendra has listed the law, it is a very specific set of circumstances that give rise to a successful Rule 32.

My advice is unless you have money to spend, save it to help your LO get through prison, to help you LO's family (if they have one), and to help your LO start over upon release. For peace of mind, at most, spend the funds to have an attorney evaluate the case. It is not cheap to have it done correctly, but an experience attorney will know where to concentrate his/her efforts.
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Old 11-20-2017, 08:10 AM
mama_pig mama_pig is offline
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Quote:
Originally Posted by lizlizzie2 View Post
Personally, I have had no basis to do one for my LO. Professionally, I haven't done them in the past 15 years. The 80s, we had some successful ones but that was because the law was changing and there were some Supreme Court cases and higher Arizona court cases that local old-time judges and prosecutors in our county simply were unfamiliar with. There were also some problems in calculating release dates in the "olden" days.

It is extremely difficult and expensive to succeed in any appeal process. Yet, it does happen every day as statistically the number that are filed results in some success. But, as you can see from where Kendra has listed the law, it is a very specific set of circumstances that give rise to a successful Rule 32.

My advice is unless you have money to spend, save it to help your LO get through prison, to help you LO's family (if they have one), and to help your LO start over upon release. For peace of mind, at most, spend the funds to have an attorney evaluate the case. It is not cheap to have it done correctly, but an experience attorney will know where to concentrate his/her efforts.
Our family retained an attorney a little late in the game (after a plea was signed) but he is on board and already planning on doing the Rule 32. The judge did almost allow my husband to withdraw from the plea since it is WAY too harsh but the prosecutor bullied/threatened her that if would be much worse if we went to trial and lost.. I was just wondering if any one had had any success.

Thanks for your answer i appreciate it
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