Post-Conviction Relief
Although a criminal defendant who pleads guilty typically waives the right to
appeal, they may—in limited circumstances—challenge the conviction or sentence in a post-conviction relief (“PCR”) proceeding.
Rule 33 of the Arizona Rules of Criminal Procedure governs those proceedings. Similarly, a criminal defendant who went to trial and whose conviction and sentence were affirmed on direct appeal to the Court of Appeals may seek PCR after the appellate court issues its mandate affirming the conviction/sentence.
Rule 32 of the Arizona Rules of Criminal Procedure governs those proceedings.
Both Rule 32 and Rule 33 describe the types of claims that may be raised in a PCR proceeding. The rules also provide detailed requirements that a defendant must strictly follow to be eligible for relief. Please note that Arizona law holds self-represented parties to the same standards expected of attorneys in complying with the rules.
Under both Rule 32 and Rule 33, a defendant starts a PCR proceeding by filing a “Notice Requesting Post-Conviction Relief” (“PCR Notice”) in the court that sentenced them, typically the superior court. That court will have a PCR Notice form available.
The superior court may summarily dismiss the PCR Notice, but if it does not it will allow time to file a Petition for Post-Conviction Relief (PCR Petition) in the superior court detailing the arguments supporting the relief requested. The sentencing court may appoint counsel to investigate the defendant’s case for any colorable claims. If counsel determines there are none, the defendant may continue pursuing PCR without counsel, and the sentencing court may allow the defendant additional time to file the PCR Petition.
The State may or may not file a response to the PCR Petition, but if it does, the defendant may reply to the response. Upon reviewing the PCR Petition, the response (if any), and the reply (if any), the superior court may summarily deny or grant relief, or it may conduct an evidentiary hearing. At that hearing, the parties can present witness testimony and other evidence to support their respective positions. The court will then either grant or deny relief.
Either party may ask the Court of Appeals to review the superior court’s decision by filing a
Petition for Review in the Court of Appeals within 30 days after the superior court’s decision. The filing party must
serve all other parties with the petition and submit a
certificate of service to the Court. The Petition for Review must comply with the form, length, and content requirements in
Rule 32.16 and
Rule 33.16.
Within 3 days after filing a Petition for Review, the petitioner must also file a Notice of Filing in the superior court to inform that court about the Petition for Review and to designate any additional items that should be included in the record. Once the Court receives the record from the superior court (generally 45 days after the notice is filed) and any response and optional reply to the petition, it will consider the petition.
There is no time limit for the Court to issue a decision, which can be in the form of a memorandum decision, an opinion, or an order.
A party may file a motion for reconsideration within 15 days after the Court issues the decision or a petition for review in the Arizona Supreme Court within 30 days of the decision. If additional time is needed to file a petition for review, a motion must be filed in the Arizona Supreme Court.
