Criminal Defense Rule 32 Petitions

Ralph Ellinwood is an AV rated lawyer with 50 years experience in representing clients and decades of experience serving as an expert witness in Rule 32 cases.

What is a Rule 32 Petition for Post-conviction Relief?

  • Arizona Supreme Court Rule 32.1 describes each of these reasons in more detail. There is also a vast body of case law on each topic.
  • Following a conviction and sentencing for a criminal offense, a defendant may file a petition in the trial court under Rule 32 of the Arizona Supreme Court Rules of Criminal Procedure.
  • A Rule 32 Petition is NOT an appeal, and is typically filed after the appeal is final. It is also the only way a defendant can raise claims of ineffective assistance of counsel

Why might someone file a Rule 32 Petition?

  • The conviction or sentence violates the US and/or Arizona constitutions
  • The defendant's lawyer did not provide effective assistance of counsel
  • The court did not have jurisdiction (authority) to determine the case or sentence the defendant
  • The sentence was more than what the law allows
  • The sentence has expired and, yet, the person is still in custody
  • After the trial, the defendant discovered new material evidence (important and relevant) that probably would have changed the verdict or sentence had the facts been known before the trial.

Are there deadlines to file a Rule 32 Petition?

  • A defendant must file a Notice with the Court that they will file a Petition for Post-conviction Relief
  • That notice must be filed within 90 days from the date of sentencing, or 30 days from the issuance of a mandate, for example, notice by the Court that the appeals process is final.

When should I talk to a lawyer?

  • As soon as you believe you might have a reason to file a Rule 32 petition.
  • Rule 32 petitions are a complex area of litigation. Having a lawyer with considerable expertise and experience offers the sort of guidance you need to decide whether to file and how to proceed if you do.
  • Ralph Ellinwood is an AV rated lawyer with 50 years experience in representing clients and decades of experience serving as an expert witness in Rule 32 cases.