Cited by
Opinions in Arizona that cite State of Arizona v. Ronald Bruce Bigger, 492 P.3d 1020.
- 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
- State v. Taylor Ariz. Ct. App. Div. 1 2022
- State v. Jordan Ariz. Ct. App. Div. 1 2022
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State v. Jordan
Ariz. Ct. App. Div. 1 2022
¶17 We evaluate counsel’s reasonableness by examining the “practice and expectations of the legal community, and ask[], in light of all the circumstances, whether counsel’s performance was reasonable under prevailing professional norms.” ¶ 10 (2021) ( ¶ 5 (2017)).
- State v. Teran 510 P.3d 502 Ariz. Ct. App. Div. 1 2022
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State v. Teran
510 P.3d 502
Ariz. Ct. App. Div. 1 2022
See Rodriguez, 192 Ariz. at 63, ¶ 27 (applying harmless-error review to the refusal of a requested jury instruction); ¶ 17 (App. 2012) (); ¶ 44 (App. 2014).
- State v. Hill Ariz. Ct. App. Div. 1 2021
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State v. Hill
Ariz. Ct. App. Div. 1 2021
Thus, Strickland stands for the proposition “that suggestive identification procedures occurring as part of formal court proceedings, like those arranged by police, may trigger the procedural protections set forth in Dessureault.” ¶ 8 (App. 2012), ¶ 25 (2021).