Arizona post-conviction relief lets you challenge a conviction or sentence after the direct appeal window closes. Rule 32 of the Arizona Rules of Criminal Procedure applies to convictions after trial; Rule 33 applies to plea convictions. The seven statutory grounds include constitutional violation, court without jurisdiction, sentence not authorized by law, newly discovered evidence, ineffective assistance of counsel (the most common ground), significant change in law applied retroactively, and actual innocence. The of-right notice deadline is 90 days from sentencing and missing it forfeits your first PCR. Successive petitions are limited to specific grounds and must be filed within a reasonable time. Successful PCR can vacate a conviction, vacate a plea, order a new trial, or order a new sentence. Call (480) 582-3637.
What Post-Conviction Relief Is
Post-conviction relief (PCR) under Arizona Rules of Criminal Procedure 32 and 33 lets a convicted person challenge the conviction or sentence after the direct appeal period ends. PCR is the primary path for raising ineffective assistance of counsel, newly discovered evidence, and constitutional violations that did not surface on appeal.
PCR is collateral relief, separate from a direct appeal. Each conviction generally allows one of-right PCR and unlimited successive PCRs based only on specifically permitted grounds.
Rule 32 vs Rule 33 — Trial vs Plea
Arizona splits PCR by case type. Rule 32 applies to convictions after trial. Rule 33 applies to convictions from a guilty or no-contest plea. The grounds and deadlines are nearly identical but the petition format and forms differ. Filing under the wrong rule gets the petition dismissed and the clock keeps running.
Grounds for Post-Conviction Relief
Arizona Rule 32.1 lists seven grounds for relief. The most commonly used:
- Constitutional violation at trial or sentencing
- Court without jurisdiction to enter the judgment
- Sentence not authorized by law
- Newly discovered evidence that would probably change the verdict
- Ineffective assistance of counsel (most common ground)
- Significant change in the law applicable retroactively
- Defendant actually innocent based on clear and convincing evidence
Deadlines That Cannot Be Missed
| Type | Deadline |
|---|---|
| Of-right notice (first PCR after plea or trial) | 90 days from sentencing |
| Successive PCR (specific grounds only) | Within a reasonable time |
| Newly discovered evidence | Within a reasonable time of discovery |
| Significant change in law | Within a reasonable time of decision |
Missing the 90 day deadline forfeits the of-right PCR. Successive PCRs are then limited to specific grounds and require an explanation for the delay. A skilled criminal defense lawyer should review every plea or trial within the first 30 days.
How to File a PCR Petition
File the notice
The of-right notice is a short form filed within 90 days of sentencing in the court of conviction.
Court appoints counsel
If indigent, the court appoints PCR counsel who has 60 days to investigate and file the petition.
Petition is briefed
The petition includes affidavits, exhibits, and a memorandum supporting each ground.
State responds
The prosecutor files a response within 30 days. The petitioner may file a reply.
Ruling or evidentiary hearing
The court rules on the pleadings or sets an evidentiary hearing if facts are disputed.
What Happens If Relief Is Granted
Successful PCR can result in a new trial, a new sentencing hearing, a vacated plea, or release. The state may appeal the grant of PCR. If denied, the petitioner may seek discretionary review by the Arizona Court of Appeals and the Arizona Supreme Court.
PCR is also the gateway to federal habeas corpus. Federal courts will not hear a habeas claim until state PCR remedies are exhausted. Derek Oliverson handles PCR petitions across Arizona.
Frequently Asked Questions
The of-right PCR notice must be filed within 90 days of sentencing under Rule 32.4 or Rule 33.4. Missing this deadline forfeits the of-right PCR. Successive PCRs are limited to specific grounds such as newly discovered evidence, significant change in law, or actual innocence and must be filed within a reasonable time.
Yes. Plea convictions use Rule 33 instead of Rule 32 but the grounds are nearly identical. A plea waives most trial-level appeal rights but does not waive the right to PCR. Common Rule 33 grounds include ineffective assistance, involuntary plea, and lack of jurisdiction.
Ineffective assistance of counsel under Rule 32.1(a) or 33.1(a) is the most common PCR ground. To prevail the petitioner must show counsel’s performance was deficient and the deficiency prejudiced the outcome. Both prongs require evidence beyond the trial record.
Not automatically. If the petition raises only legal issues the court can rule on the pleadings. If material facts are disputed the court sets an evidentiary hearing under Rule 32.13 or 33.13. The petitioner has the burden by a preponderance of the evidence at the hearing.
Possibly. Successful PCR can vacate the conviction, vacate the plea, order a new trial, or order a new sentencing. If the new outcome is dismissal, time served, or a sentence already completed, release follows. PCR can also reduce a sentence even if the conviction stands.
Strongly recommended. The of-right PCR appoints counsel for indigent petitioners. For successive PCRs a private criminal defense lawyer is essential. The rules are complex, deadlines are unforgiving, and the standards for relief are demanding. Self-filed PCRs almost always fail on procedural grounds.
Arizona post-conviction relief under Rule 32 or Rule 33 can correct constitutional errors, newly discovered evidence, and ineffective assistance of counsel. Derek Oliverson has handled Arizona PCR petitions since 2009.