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Date: 03-10-2025
Case Style:
Case Number: CR2003-026154-0014
Judge: Joseph S. Kiefer
Court: Superior Court, Maricopa County, Arizona
Plaintiff's Attorney: Maricopa County, Arizona District Attorney's Office
Defendant's Attorney:
Description: Phoenix, Arizona criminal defense lawyer represented the Defendant seeking post-conviction relief.
Absent an abuse of discretion or error of law, this court will not disturb a superior court's ruling on a petition for post-conviction relief. State v. Gutierrez, 229 Ariz. 573, 577, ¶ 19, 278 P.3d 1276, 1280 (2012). It is petitioner's burden to show that the superior court abused its discretion by denying the petition for post-conviction relief. See State v. Poblete, 227 Ariz. 537, ¶ 1, 260 P.3d 1102, 1103 (App. 2011) (petitioner has burden of establishing abuse of discretion on review).
CRIMINAL PROCEDURE. POST-CONVICTION RELIEF. The case addresses whether the petitioner demonstrated an abuse of discretion by the superior court in denying his successive petition for post-conviction relief, with the Court of Appeals affirming the superior court's decision due to the petitioner's failure to meet the burden of proof.
Key Phrases Petition for post-conviction relief. Successive petition. Abuse of discretion. Superior court's order. Denying relief.
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: