State v. Gilliam

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

BRYAN MATTHEW GILLIAM, Petitioner.

No. 1 CA-CR 25-0428 PRPC
FILED 08-21-2026

Appeal from the Superior Court in Maricopa County
No. CR2007-175000-002
The Honorable Joseph C. Kreamer, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

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

Law Offices of Patrick Coppen, Tucson
By Patrick C. Coppen
Counsel for Petitioner

STATE v. GILLIAM
Decision of the Court

MEMORANDUM DECISION
Presiding Judge David B. Gass,1 Judge Anni Hill Foster and Judge D.
Andrew Gaona delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Bryan Gilliam seeks review of the superior court’s
order denying his petition for post-conviction relief, filed pursuant to
Arizona Rule of Criminal Procedure (“Rule”) 32.1 See Ariz. R. Crim. P. 32.1.
This is Gilliam’s eighth petition. For the following reasons, this
memorandum grants review but denies 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). An abuse of discretion
occurs when “the court makes an error of law or fails to adequately
investigate the fact necessary to support its decision.” State v. Bigger, 251
Ariz. 402, 407, ¶ 6 (2021). The petitioner bears the burden of demonstrating
that the superior court erred in denying the petition for post-conviction
relief. State v. Reed, 252 Ariz. 236, 248, ¶ 6 (App. 2021).

¶3 This Court has reviewed the record in this matter, the
superior court’s order denying the petition for post-conviction relief, and
the petition for review. This Court finds the Petitioner has not established
an abuse of discretion by the court.

1 Judge David B. Gass was a sitting member of this Court when the matter

was assigned to this panel of the Court. He retired effective June 30, 2026.
In accordance with the authority granted by Article VI, Section 3, of the
Arizona Constitution, and under A.R.S. § 12-145, the Chief Justice of the
Arizona Supreme Court has designated Judge David B. Gass as a judge pro
tempore in the Court of Appeals for the purpose of participating in the
resolution of cases assigned to this panel during his term in office and for
the duration of Administrative Order 2026-87.

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STATE v. GILLIAM
Decision of the Court

¶4 This Court grants review but denies relief.

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

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