State v. Emerson
The holding in the court’s own words
We conclude that petitioner has not established an abuse of discretion.
Quoted verbatim from the opinion — no paraphrase, nothing generated. Not yet human-reviewed. How we find the holding.
Authorities cited
Identified automatically; this list may not be exhaustive.
- State of Arizona v. Phil Gutierrez 229 Ariz. 573
- 227 Ariz. 537 not in our corpus
Opinion text
NOTICE: NOT FOR OFFICIAL PUBLICATION.
UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL
AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
IN THE
ARIZONA COURT OF APPEALS
DIVISION ONE
STATE OF ARIZONA, Respondent,
v.
GARY JOHN EMERSON, Petitioner.
No. 1 CA-CR 18-0230 PRPC
FILED 7-12-2018
Petition for Review from the Superior Court in Maricopa County
No. CR2010-110980-001
The Honorable Jerry Bernstein, Judge Pro Tempore
REVIEW GRANTED; RELIEF DENIED
COUNSEL
Maricopa County Attorney's Office, Phoenix
By Diane Meloche
Counsel for Respondent
Gary John Emerson, Florence
Petitioner
MEMORANDUM DECISION
Presiding Judge Diane M. Johnsen, Judge Paul J. McMurdie and Judge
David D. Weinzweig delivered the decision of the Court.
STATE v. EMERSON
Decision of the Court
PER CURIAM:
¶1 Petitioner Gary John Emerson seeks review of the superior
court's order denying his petition for post-conviction relief, filed pursuant
to Arizona Rule of Criminal Procedure 32.1. This is petitioner's first petition
for post-conviction relief.
¶2 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 (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 (App. 2011)
(petitioner has burden of establishing abuse of discretion on review).
¶3 We have reviewed the record in this matter, the superior
court's order denying the petition for post-conviction relief, and the petition
for review. We conclude that petitioner has not established an abuse of
discretion.
¶4 For the foregoing reasons, we grant review and deny relief.
This decision is without prejudice to petitioner's right to file a civil action
alleging inadequate medical care during his incarceration.
AMY M. WOOD • Clerk of the Court
FILED: AA
2