Fitzgerald v. Honorable Sam Myers

Neither Ariz. Rev. Stat. 13-4041(B) nor Ariz. R. Crim. P. 32.5 requires a trial court to determine whether an Ariz. R. Crim. P. 32 petitioner is competent before proceeding and ruling on a state post-conviction relief (PCR) proceeding.After a new penalty phase trial, Petitioner was sentenced to death for first degree murder. Petitioner later brought a Rule 32 proceeding. Petitioner then moved the superior court to conduct a hearing to determine competency and to stay all PCR proceedings until the court found him competent, arguing that section 13-4041(B) and Rule 32.5 establish a defendant’s right to competency during PCR proceedings. The superior court denied the motion. The Supreme Court affirmed, holding that a convicted capital defendant is not entitled under Arizona’s statutes or rules to a competency determination in PCR proceedings. View "Fitzgerald v. Honorable Sam Myers" on Justia Law