(DOWNLOAD) "Krone v. Hotham" by Arizona Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Krone v. Hotham
- Author : Arizona Supreme Court
- Release Date : January 07, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Petitioner Ray Milton Krone (defendant) was convicted in the Maricopa County Superior Court of first degree murder and was sentenced to death. His conviction and sentence were automatically appealed to this court. See Ariz. Rev. Stat. Ann. (A.R.S.) § 13-4031 (1989); Ariz. R. Crim. P. 31.2(b). While his direct appeal was pending, defendant filed in superior court a notice of post-conviction relief pursuant to Rule 32, Arizona Rules of Criminal Procedure. The trial court dismissed the notice, holding that it was premature under recently amended Rule 32.4(a). That rule requires the clerk of the supreme court to "expeditiously file" a notice for post-conviction relief with the trial court when a death sentence is affirmed on direct appeal (the "automatic filing"). In dismissing defendants notice, the trial court reasoned that the amended rule precluded defendant from filing a notice for post-conviction relief before his direct appeal was concluded. Defendant filed a petition for special action in this court challenging the trial courts construction of Rule 32.4. We accept jurisdiction under Ariz. Const. art. 6, § 5(1).
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