State v. Pierce

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.

JOHN BALLA PIERCE, Petitioner.

No. 1 CA-CR 23-0508 PRPC
FILED 02-26-2026

Petition for Review from the Superior Court in Maricopa County
No. CR2006-013269-001
The Honorable Chuck Whitehead, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney’s Office, Phoenix
By Faith Cheree Klepper
Counsel for Respondent

Brown & Little PLC, Chandler
By Matthew O. Brown
Counsel for Petitioner
 STATE v. PIERCE
Decision of the Court

MEMORANDUM DECISION

Presiding Judge Michael S. Catlett, Judge Angela K. Paton, and Judge
Jennifer M. Perkins delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner John Balla Pierce seeks review of the superior
court’s order denying his petition for post-conviction relief. This is
petitioner’s fourth petition.

¶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.
See State v. Gutierrez, 229 Ariz. 573, 576–77 ¶ 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, 538 ¶ 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 find that petitioner has not established an abuse of
discretion.

¶4 We grant review and deny relief.

MATTHEW J. MARTIN • Clerk of the Court
FILED: JR

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