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Speak Up! - View Question #379 |
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Question: How do you file under Rule 32?
Answer: Rule 32 is an Arizona Rule of Criminal Procedure. It allows a person to seek post-conviction relief, either where the relief sought isn't a direct appellate issue or where the person entered into a change of plea and is not therefore eligible to appeal.
If it is an appeal in a criminal case, then they have until 30 days after the mandate affirming the judgment and sentence in the appellate court to raise a Rule 32 issue. If the case isn't appealed or if the defendant can't file a direct appeal because s/he entered a change of plea, s/he has 90 days after sentencing to file the Notice of Post-Conviction Relief in the Superior Court in which the defendant was sentenced. The form one needs, Notice of Post-Conviction Relief, is found in the form section of the Rules of Criminal Procedure. Most jails and public defender offices have them also.
Caution: If you file a Rule 32 petition and fail to list every ground for which you seek relief, you waive the right to raise that ground later.
law Glossary:
Plea: In a criminal case, the defendant's statement pleading
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