Post-conviction relief in Arizona is governed by two rules of criminal procedure Rule 32 and Rule 33.
Rule 32 establishes the rules and guidelines for a defendant who went to trial and was convicted by a judge or jury.
Rule 33 establishes the rules and guidelines for a defendant who plead guilty or no contest to a criminal offense, admitted a probation violation, or had an automatic probation violation based on a plea of guilty or no contest
Both rules are similar in functionality. For example, to initiate the post-conviction process under either rule, a defendant must file a notice of intent to seek post-conviction relief. Each type of defendant must file a petition for post-conviction relief detailing the grounds presented in support of granting relief. And, each type of defendant is entitled to a reviewing process if relief is denied at the trial court level.
However, there are slight differences between these rules and a defendant must be aware of the variations. To avoid any confusion, I have created a separate post for each type of defendant.
For defendants who will pursue post-conviction relief after a trial, please read: Arizona Rule 32 post-conviction relief.
For defendants who will pursue post-conviction relief after pleading guilty or no contest to a criminal offense, admitted a probation violation, or had an automatic probation violation based on a plea of guilty or no contest, please read: Arizona Rule 33 post-conviction relief.