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Arizona Post-Conviction Process Doesn’t Violate Right to Counsel

Aug. 2, 2022, 2:40 PM

The process Arizona has in place for defendants challenging convictions in non-capital cases as of right was upheld by the Ninth Circuit against a challenge by an indigent defendant who said it violated his constitutional right to appellate counsel.

Arizona defendants in non-capital cases don’t have a right to a direct appeal. Instead, they have a right to file for post-conviction relief.

Under the process, after an indigent defendant files for post-conviction relief, the court will appoint an attorney to review the case. If the attorney determines there aren’t any colorable claims, they must file a report with the court ...