Court of Appeals Division One Post-Conviction Relief Overview (Arizona)

The Arizona Court of Appeals, Division One, publishes this step-by-step overview of a post-conviction relief proceeding for filers, including self-represented ones. It explains that a defendant who pled guilty usually waives the right to a direct appeal but may seek relief under Rule 33, while a defendant whose conviction was affirmed on direct appeal may seek relief under Rule 32 after the mandate issues. A proceeding starts with a Notice Requesting Post-Conviction Relief filed in the sentencing court, which may summarily dismiss it or allow time for a petition; the sentencing court may appoint counsel to look for colorable claims. Either party may ask the Court of Appeals to review the superior court decision by filing a Petition for Review within 30 days, complying with Rule 32.16 or 33.16, and must file a Notice of Filing in the superior court within 3 days. Reconsideration is due within 15 days and a petition for review in the Arizona Supreme Court within 30 days. The page notes self-represented parties are held to the same standards as attorneys.