Arizona Laws 13-4231. Scope of post-conviction relief
Subject to the limitations of section 13-4232, any person who has been convicted of or sentenced for a criminal offense may, without payment of any fee, institute a proceeding to secure appropriate relief on any of the following grounds:
Terms Used In Arizona Laws 13-4231
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
1. The conviction or the sentence was in violation of the Constitution of the United States or of this state.
2. The court was without jurisdiction to render judgment or to impose sentence.
3. The sentence imposed exceeded the maximum authorized by law or is otherwise not in accordance with the sentence authorized by law.
4. The person is being held in custody after his sentence has expired.
5. Newly discovered material facts probably exist and that the facts probably would have changed the verdict or sentence. Newly discovered material facts exist if:
(a) The newly discovered material facts were discovered after the trial.
(b) The defendant exercised due diligence in securing the newly discovered material facts.
(c) The newly discovered material facts are not merely cumulative or used solely for impeachment, unless the impeachment evidence substantially undermines testimony which was of critical significance at trial such that the evidence probably would have changed the verdict or sentence.
6. The defendant’s failure to appeal from the judgment or sentence, or both, within the prescribed time was without fault on his part.
7. There has been a significant change in the law that if determined to apply to the defendant’s case would probably overturn the defendant’s conviction or sentence.