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STATE v. DIAZ

No. CR-14-0063-PR.

340 P.3d 1069 (2014)

STATE of Arizona, Respondent, v. Daniel DIAZ, Petitioner.

Supreme Court of Arizona.

December 30, 2014.

Attorney(s) appearing for the Case

Thomas C. Horne, Arizona Attorney General, Robert L. Ellman, Solicitor General, Joseph T. Maziarz, Section Chief Counsel, Criminal Appeals Section, Phoenix, Jonathan Bass, Assistant Attorney General, Tucson; Barbara LaWall, Pima County Attorney, Jacob R. Lines (argued), Deputy County Attorney, Tucson, for State of Arizona.

Emily Danies, Attorney at Law, (argued), Tucson, for Daniel Diaz.

Justice TIMMER authored the opinion of the Court, in which Chief Justice BALES, Vice Chief Justice PELANDER and Justices BERCH and BRUTINEL joined.

¶ 1 A criminal defendant cannot obtain post-conviction relief based on a ground that has been waived in a prior post-conviction relief proceeding. Ariz. R.Crim. P. 32.2(a)(3). Under the unusual facts of this case, Daniel Diaz did not waive his ineffective assistance of trial counsel claim when, through...

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