Post-Conviction (PCR)/Rule 32 ineffective Assistance of Counsel
PCR is the ONE AND ONLY TIME you can raise claim of ineffective assistance of counsel - against not only trial counsel but also appellate counsel. PCR counsel cannot be the same lawyer or in the same office as the lawyer who handled either the trial or appeal.
Standard of ReviewThe Court considers the facts in the manner most likely to uphold the conviction and sentence. File Notice of within 90 days of sentencing OR Within 30 days on completion of appeal. Reasonable attorney standard.
Procedure1) PCR counsel will review a) the trial file, b) the appeal file (if PCR takes place AFTER the appeal is complete), c) the transcripts, d) the court record.
2) PCR counsel will also review any other material that the defendant believes is important to the matter.
3) PCR counsel may conduct further investigation into the case if necessary in order to add information to the record to support the PCR claims.
4) PCR counsel can file either a: a) Petition for PCR; 0R b) A Notice of Completion if PCR counsel believes that no claims exist (defendant can then file a pro per Petition).
5) If a Petition is filed, the state will respond.
6) PCR counsel may reply to the state*s response.
7) If a Petition is filed, the trial court can deal with the case in one of three ways; a) dismiss the PCR based solely on the petition, the response, and the reply; b) grant the relief requested in the petition; OR c) set the matter for a hearing.
8) If PCR denied, defense counsel MAY file a Petition for Review with the Arizona Court of Appeals.