Arizona DUI & Criminal Defense Attorney Blog
If you were convicted of a felony in Phoenix and are considering filing for post-conviction relief, a recent Arizona Court of Appeals ruling makes one thing clear. Once the court rules on your petition, your opportunity to revise it is limited. After the initial decision, you must act quickly and with strong justification if you want to change your petition. But even better is to avoid the need for a post-conviction proceeding by handling the case right the first time around.
Court Rejects Effort to Amend Years After Sentencing
The petitioner in this case had been found guilty of serious offenses, including second-degree murder, kidnapping, and burglary. His attorney presented a guilty except insane defense under Arizona law. The jury returned mixed verdicts. He was sentenced to decades in prison, including life for one of the murder counts.
After losing his appeal, the defendant filed a timely petition for post-conviction relief. He argued that his trial attorney failed him by not challenging the state’s timeline and by neglecting to question key witnesses. His attorney, he claimed, should not have moved forward with the mental health defense without thoroughly investigating the facts.
Court Dismissed Claims as Speculative
The trial court rejected those arguments. It pointed out that the defendant admitted the insanity defense was supported by fact. Witnesses he believed were important refused to provide affidavits. The alternative timeline that supported the ineffective assistance claim was unclear and based on approximations.
The court must find that new evidence or a legal error justifies relief in Arizona. Here, the superior court found neither. The claims lacked precision, and the legal standard for ineffective assistance was not met.
Filing Deadlines Are Not Always Jurisdictional
The trial court said no when the petitioner tried to extend the time to file for appellate review. The petition was dismissed as untimely. But the Arizona Supreme Court stepped in and reversed that decision. The Court explained that the deadline for review was procedural, not jurisdictional. That means the trial court could have allowed more time, but chose not to. The Supreme Court sent the case back to the Court of Appeals to consider an amended petition for review.
Superior Court Still Denied Amendment Request
While that review was pending, the petitioner asked the superior court to let him amend his original post-conviction petition. By then, over a year had passed since the judgment. Under Rule 32.9(d) of the Arizona Rules of Criminal Procedure, the court may permit changes to a petition if good cause is shown.
The court denied the request. The rule uses the word “may” instead of “must,” giving judges the power to deny the motion even if the petitioner believes the request is reasonable. In this case, the court found the delay was too long. The motion lacked a strong legal or factual basis.
Discretion Lies with the Court
Arizona law distinguishes between what a court must do and what it may do. The Court of Appeals cited prior case law to show that when a rule uses “may,” the decision is discretionary. A petitioner has no automatic right to amend a filing long after judgment is entered. In this case, the motion came 21 months after the original petition and 15 months after the judgment. That was too late without a compelling reason.
The court did not abuse its discretion by refusing to reopen the matter. It followed the rules and weighed the delay against the reasons provided. That standard is difficult to overcome.
Why Choosing the Right Lawyer from the Start Matters
When your future is at stake, the strength of your trial defense matters more than anything. Judges are not quick to overturn convictions, even when errors later become clear. Arizona courts expect defense attorneys to raise the right arguments at the right time—and missing that opportunity can have permanent consequences. Once a case is closed, it becomes far harder to challenge mistakes or bring in new evidence.
This makes it essential to work with a trial lawyer who is not only aggressive but also thorough. A strong trial defense anticipates the prosecution’s strategy, preserves key objections, and avoids the kinds of oversights that leave clients with little recourse down the road. You do not get a second chance to build your defense. Choose an attorney who knows how to get it right the first time.
Talk to the Law Office of James Novak About Your Trial Defense
If you’re facing criminal charges in Phoenix or anywhere in Maricopa County, you need a trial lawyer who understands what’s at stake—and how to protect you from missteps that can haunt you long after a verdict. The Law Office of James Novak is committed to building strong, proactive defenses that stand up in court. Call (480) 413-1499 to schedule a confidential consultation and take control of your defense before it’s too late.