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Last Post 01 May 2024 07:21 PM by  State Bar of Arizona
R-24-0009 Petition to Amend Arizona Rules of Criminal Procedure 32.14(a) & 33.14(a)
 3 Replies
Topic is locked
Author Messages
David Euchner
New Member
Posts:35 New Member

09 Jan 2024 11:25 AM
    David J. Euchner, SB#021768
    33 N. Stone Ave., 21st Floor, Tucson, AZ 85701
    (520) 724-6800
    [email protected]

    Petition to Amend Arizona Rules of Criminal Procedure 32.14(a) & 33.14(a), to clarify that a motion for rehearing may challenge the dismissal of a notice of post-conviction relief.

    Filed: January 9, 2024

    Would amend Rules 32.14(a) and 33.14(a) of the Rules of Criminal Procedure to clarify that a party may file a motion for rehearing to contest a court’s dismissal of a notice of post-conviction relief.

    Comments must be submitted by no later than Wednesday, May 1, 2024, and any reply by a petitioner must be submitted no later than Monday, June 3, 2024.
    Lina Garcia
    New Member
    Posts:21 New Member

    29 Apr 2024 03:29 PM
    Joint Comment by Maricopa Indigent Defense Offices
    620 W. Jackson, Suite 4015, Phoenix, AZ 85003
    (602) 506-7711
    [email protected]
    AZ State Bar #025997
    Alice Jones
    New Member
    Posts:4 New Member

    30 Apr 2024 05:22 PM
    Alice Jones
    Deputy Solicitor General/Chief Counsel Criminal Appeals Section
    State Bar Number 028062
    Submitting comment on behalf of the Arizona Attorney General’s Office
    Firm State Bar Number 14000
    2005 N. Central Ave.
    Phoenix, AZ 85004
    [email protected]

    The Arizona Attorney General’s Office supports this petition. The petition would correct a seeming incongruity created by the stylistic changes to the Rules of Criminal Procedure following the adoption of petition R–17–0002. Under the former version of the Rules, a defendant could file a motion for reconsideration following a “final decision” of the court; however, the current version of the Rules would appear to limit a defendant’s ability to file a motion for reconsideration following a “final decision on a petition” only. But, as the rule change petition notes, the purpose of petition R–17–0002 was to restyle and clarify the language of the Rules of Criminal Procedure, not work any substantive change. Amending Rules 32.14 and 33.14 as proposed thus affirms that the stylistic change did not work any substantive change to the Rules of Criminal Procedure and would avoid confusion based on the language in the current Rules.
    State Bar of Arizona
    Basic Member
    Posts:164 Basic Member

    01 May 2024 07:21 PM
    Comment of the State Bar of Arizona

    Lisa M. Panahi
    Bar No. 023421
    General Counsel
    State Bar of Arizona
    4201 N. 24th St., Suite 100
    Phoenix, AZ 85016
    [email protected]
    Topic is locked