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NEW! The Court acted on many pending rule petitions at its recent Rules Agenda.  

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This website allows you to electronically file and monitor court rule petitions and comments and to view existing rules of court, recent amendments of those rules, and pending rule petitions and comments. Any visitor to this site may view posts on this website, but to post a petition or comment you must register and log in. To view instructions on how to register and how to file a petition or comment, please visit our Frequently Asked Questions (FAQ) page. 
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Last Post 25 Oct 2013 02:31 PM by  AZStateBar
R-13-0009 Petition to Amend Rule 32.5, Ariz. R. Crim. P.
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AZStateBar
Posts:

--
09 Jan 2013 09:31 AM
    R-13-0009
    Petition to Amend Rule 32.5, Ariz. R. Crim. P.

    Would exclude counsel from the requirement of certifying that "every ground known" has been included in a petition for post-conviction relief

    Petitioner:
    John A. Furlong, Bar No. 018356
    General Counsel
    State Bar of Arizona
    4201 N. 24th Street, Suite 100
    Phoenix, Arizona 85016-6266
    602.252.4804
    John.Furlong@staff.azbar.org

    Filed: January 9, 2013

    On August 28, 2013, the Court continued this matter and reopened it for comment on the draft amendment to Rule 32.5 and Form 25 attached to Amended Order filed September 5, 2013. SEE ATTACHMENT 1 BELOW for Order and modified proposal.

    COMMENTS DUE October 25, 2013.


    DESCRIPTION OF ATTACHMENTS (BELOW)
    Attachment 1: Amended Order dated September 5, 2013 reopening this matter for comment on draft amendment to Rule 32.5 and Form 25
    Attachment 2: Original Petition to Amend Rule 32.5, Rules of Criminal
    Procedure

    ADOPTED as modified, effective January 1, 2014.
    Attachments
    deuchner
    Posts:

    --
    21 May 2013 04:22 PM
    ARIZONA ATTORNEYS FOR CRIMINAL JUSTICE
    David J. Euchner, SBN 021768
    Co-chair, Amicus/Rules Committee
    2340 W. Ray Road, Suite 1
    Chandler, Ariz. 85224
    (480) 812-1700
    david.euchner@pima.gov
    Attachments
    Camille Tilley
    Posts:

    --
    21 May 2013 11:50 PM
    Camille Tilley
    Goodyear, AZ
    justice4courtney@mac.com

    Your statement: ""Would EXCLUDE counsel from the requirement of certifying that "every ground know" has been included in a petition for Post-Conviction Relief"

    My answer: This whole statement has to go. Recent ruling in Schad v. Ryan, 671 F.3d 708, 724 (9th Cir. 2011) permits raising IAC for the first time in a federal habeas.

    The attachments show what a wrongful conviction looks like, being "rubber-stamped" through the Arizona appeals process.

    See Ninth Circuit Court Opinion overturning Debra Milke's conviction and sentence, March 14, 2013 -- after decades of languishing on Perryville's death row. Read the Presiding Chief Judge Kozinski's scathing opinion on Arizona's justice system, starting on pg. 54.

    It's time the AZ Bar works to restore individuals rights rather then take more away with each passing day. Are we to believe Ray Krone was the last exoneration in Arizona?
    Attachments
    citizentaxpayer
    Posts:

    --
    22 May 2013 01:17 AM
    Mary E. Osorio
    Concerned Citizen and Taxpayer
    Former Arizona Resident and
    Signer of Petition: Change.org/free-an-innocent-woman
    P.O. Box 5791
    Auburn, CA 95604
    email: maroso2013@gmail.com

    IN THE SUPREME COURT
    STATE OF ARIZONA


    PETITION TO AMEND RULE 32.5
    ARIZONA RULE OF CRIMINAL PROCEDURE


    In the matter of,

    SUPREME COURT NO. R-13-0009
    PETITION TO AMEND RULE 32.5
    ARIZONA RULES OF CRIMINAL PROCEDURE


    As a taxpayer, voter and public citizen and a member of an ad hoc coalition recently formed to review public policy issues that may have an impact on the wrongfully convicted. [Please refer to citizen input/comments addressed in Ethical Rules 3.8, Prosecutor Rules of Professional Conduct to better understand our immediate concerns.] We appreciate the Honorable Supreme Court of Arizona allowing our concerns to be addressed.

    In the matter of Supreme Court No. R-13-0009, Petition to Amend Rule 32.5, Arizona Rules of Criminal Procedure,the following directive proposed, raises legitimate concerns as we understand the proposed changes:
    "The Defendant, appearing pro se, shall include every ground known to him or her for vacating, reducing, correcting or changing all judgements or sentences imposed upon him or her and certify that he or she has done so..."

    Our question is, what is the Prosecutor's role, if any, should "new, credible, and or material" exculpable evidence come to the attention of the former Prosecutor in the case, after-the-fact, in post-conviction status? As we understand Rule 32.5 Petition to Amend, the proposed change would put the Defendant in an unfair position and make Post-Conviction Relief even harder to obtain.

    Please keep in mind, the untenable hurdles a Defendant must go through to have the nearly impossible opportunity for exoneration.




    Respectfully submitted,


    This 21st day of May, 2013


    By: Mary E. Osorio
    Concerned Citizen



    Filed electronically


    deuchner
    Posts:

    --
    25 Oct 2013 01:11 PM
    ARIZONA ATTORNEYS FOR CRIMINAL JUSTICE
    David J. Euchner, SBN 021768
    Co-chair, Amicus/Rules Committee
    2340 W. Ray Road, Suite 1
    Chandler, Ariz. 85224
    (480) 812-1700
    david.euchner@pima.gov
    Attachments
    AZStateBar
    Posts:

    --
    25 Oct 2013 02:31 PM
    John A. Furlong, Bar No. 018356
    General Counsel

    Patricia A. Sallen, Bar No. 012338
    Deputy General Counsel
    State Bar of Arizona
    4201 N. 24th Street, Suite 100
    Phoenix, AZ 85016-6266
    602.252.4804
    John.Furlong@staff.azbar.org
    Patricia.Sallen@staff.azbar.org
    Attachments
    Topic is locked