Cited by
Opinions in Arizona that cite State of Arizona v. Ronald Bruce Bigger, 492 P.3d 1020.
- State v. Button Ariz. Ct. App. Div. 1 2025
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State v. Button
Ariz. Ct. App. Div. 1 2025
STATE v. BUTTON Decision of the Court DISCUSSION ¶4 We review the summary dismissal of a petition for post- conviction relief for an abuse of discretion, “which occurs if the court makes an error of law or fails to adequately investigate the facts necessary to support its decision.” ¶ 6 (2021).
- State v. Kashkool Ariz. Ct. App. Div. 1 2025
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State v. Kashkool
Ariz. Ct. App. Div. 1 2025
DISCUSSION ¶6 We review the dismissal of a petition for post-conviction relief for an abuse of discretion, “which occurs if the court makes an error of law or fails to adequately investigate the facts necessary to support its decision.” ¶ 6 (2021).
- State v. Riepe Ariz. Ct. App. Div. 1 2024
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State v. Riepe
Ariz. Ct. App. Div. 1 2024
A court’s analysis of counsel’s strategy is “highly deferential,” and a “fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight.” ¶ 11 (2021) (quoting Strickland, 466 U.S. at 689).
- State v. Mora Ariz. Ct. App. Div. 1 2024
- State v. Mora Ariz. Ct. App. Div. 1 2024
- State v. Garland Ariz. Ct. App. Div. 1 2024
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State v. Garland
Ariz. Ct. App. Div. 1 2024
We review for an abuse of discretion, “which occurs if the court makes an error of law or fails to adequately investigate the facts necessary to support its decision.” ¶ 6 (2021).
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State v. Bueno
Ariz. Ct. App. Div. 1 2024
DISCUSSION ¶5 We review the dismissal of a petition for post-conviction relief for an abuse of discretion, “which occurs if the court makes an error of law or fails to adequately investigate the facts necessary to support its decision.” ¶ 6 (2021).
- State v. Freeny Ariz. Ct. App. Div. 1 2024
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State v. Freeny
Ariz. Ct. App. Div. 1 2024
A PCR claim “is subject to summary dismissal ‘[i]f the alleged facts would not have probably changed the verdict or sentence.’” ¶ 9 (2021) ( ¶ 11 (2016)).
- State v. Rogers Ariz. Ct. App. Div. 1 2024
- State v. Rogers Ariz. Ct. App. Div. 1 2024
- State v. Interval Ariz. Ct. App. Div. 1 2024
- State v. Interval Ariz. Ct. App. Div. 1 2024
- State v. Gutierrez Ariz. Ct. App. Div. 1 2024
- State v. Gutierrez Ariz. Ct. App. Div. 1 2024
- State of Arizona v. Bennett Laquan Williams 553 P.3d 161 Ariz. 2024
- State of Arizona v. Bennett Laquan Williams 553 P.3d 161 Ariz. 2024
- State v. McBee Ariz. Ct. App. Div. 1 2024
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State v. McBee
Ariz. Ct. App. Div. 1 2024
P. 33.4(b)(3)(D) (“The court must excuse an untimely notice requesting post-conviction relief filed under [Rule 33.1(a)] if the defendant adequately explains why the failure to timely file a notice was not the defendant’s fault.”); ¶ 37 (2021) (Rule 32.4(b)(3)(D)’s exception overrides the normal filing time limits.).
- State v. Russo Ariz. Ct. App. Div. 1 2024
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State v. Russo
Ariz. Ct. App. Div. 1 2024
DISCUSSION ¶8 We review the superior court’s denial of post-conviction relief “for an abuse of discretion, which occurs if the court makes an error of law or fails to adequately investigate the facts necessary to support its decision.” ¶ 6 (2021).
- State v. Hill Ariz. Ct. App. Div. 1 2024
- State v. Hill Ariz. Ct. App. Div. 1 2024
- State v. Rady Ariz. Ct. App. Div. 1 2024
- State v. Rady Ariz. Ct. App. Div. 1 2024
- State v. Calandra Ariz. Ct. App. Div. 1 2024
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State v. Calandra
Ariz. Ct. App. Div. 1 2024
rather than self-defense”); ¶ 12 (2021) (“[M]atters of trial strategy and tactics are committed to defense counsel’s judgment and generally cannot serve as the basis for an IAC claim.”) (cleaned up); (“Defense counsel’s determinations of trial strategy, even if later proven unsuccessful, are not inef
- State v. Sills Ariz. Ct. App. Div. 1 2024
- State v. Sills Ariz. Ct. App. Div. 1 2024
- State v. Worrell Ariz. Ct. App. Div. 1 2024
- State v. Worrell Ariz. Ct. App. Div. 1 2024
- Patricia Adams v. Hon. Brenden Griffin City Prosecutor's Office 540 P.3d 1221 Ariz. Ct. App. Div. 2 2023
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Patricia Adams v. Hon. Brenden Griffin City Prosecutor's Office
540 P.3d 1221
Ariz. Ct. App. Div. 2 2023
¶17 The state argues, however, that § 13-4504 was “combined” with § 13-4503 “into Rule 11.2 in 2017.” It contends the rule therefore “clarifies that, procedurally, the dismissal provisions of [§] 13-4504 apply after reasonable grounds to question competency to stand trial have been found.” ¶¶ 35-37 (2021), it argues the rule must control.
- State v. Baltazar Ariz. Ct. App. Div. 1 2023
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State v. Baltazar
Ariz. Ct. App. Div. 1 2023
We review the summary dismissal of a PCR proceeding for an abuse of discretion, “which occurs if the court makes an error of law or fails to adequately investigate the facts necessary to support its decision.” ¶ 6 (2021).
- State v. Rose Ariz. Ct. App. Div. 1 2023
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State v. Rose
Ariz. Ct. App. Div. 1 2023
DISCUSSION ¶9 A defendant proves IAC by showing both “that counsel’s conduct fell below an objective standard of reasonableness and that he was prejudiced thereby.” ¶ 8 (2021) (citing Strickland v. Washington, 466 U.S. 668, 687–88 (1984)).
- State v. Cutrone Ariz. Ct. App. Div. 1 2023
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State v. Cutrone
Ariz. Ct. App. Div. 1 2023
A defendant establishes an IAC claim by showing both “that counsel’s conduct fell below an objective standard of reasonableness and that he was prejudiced thereby.” ¶ 8 (2021) (citing Strickland v. Washington, 466 U.S. 668, 687– 88 (1984)).
- State v. Williams Ariz. Ct. App. Div. 1 2023
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State v. Williams
Ariz. Ct. App. Div. 1 2023
As a result, this court analyzes Williams’ claim under Rule 33.1(g).2 ¶6 Rule 33 “does not define ‘a significant change in the law.’ But plainly a ‘change in the law’ requires some transformative event, a ‘clear break from the past.’” ¶ 15 (2009) (); ¶ 28 (2021); ¶ 13 (2021); cf. Slemmer, 170 Ariz. at 182 (“a significant change in the law” is “a ‘sharp break’ with the past”).
- State v. Richardson Ariz. Ct. App. Div. 1 2023
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State v. Richardson
Ariz. Ct. App. Div. 1 2023
¶5 We review the superior court’s denial of post-conviction relief for an abuse of discretion, “which occurs if the court makes an error of law or fails to adequately investigate the facts necessary to support its decision.” ¶ 6 (2021).
- State v. Lowery Ariz. Ct. App. Div. 1 2023
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State v. Lowery
Ariz. Ct. App. Div. 1 2023
defendant must show “there has been a significant change in the law that, if applicable to the defendant’s case, would probably overturn the defendant’s judgment or sentence.” The defendant’s showing has three components: (1) there has been a change in the law that constitutes a “clear break from the past,” such as “when an appellate court overrules previously binding case law,” ¶ 28 (2021) (citations and internal quotation 5 STATE v. LOWERY Decision of the Court marks omitted); (2) the change a
- State v. Taylor Ariz. Ct. App. Div. 1 2022