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State v. Katial

ARIZONA COURT OF APPEALS DIVISION ONE
Jun 14, 2018
No. 1 CA-CR 18-0071 PRPC (Ariz. Ct. App. Jun. 14, 2018)

Opinion

No. 1 CA-CR 18-0071 PRPC

06-14-2018

STATE OF ARIZONA, Respondent, v. SUNIL CHANDRA KATIAL, Petitioner.

COUNSEL Law Offices of Robert J. McWhirter By Robert J. McWhirter Counsel for Petitioner Maricopa County Attorney's Office, Phoenix By Diane Meloche Counsel for Respondent


NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

Appeal from the Superior Court in Maricopa County
No. CR2012-048184-001
The Honorable John R. Ditsworth, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Law Offices of Robert J. McWhirter
By Robert J. McWhirter
Counsel for Petitioner

Maricopa County Attorney's Office, Phoenix
By Diane Meloche
Counsel for Respondent

MEMORANDUM DECISION

Presiding Judge Jon W. Thompson, Judge Peter B. Swann, and Judge James P. Beene delivered the decision of the Court.

PER CURIUM:

¶1 Petitioner Sunil Chandra Katial seeks review of the superior court's order denying his petition for post-conviction relief, filed pursuant to Arizona Rule of Criminal Procedure 32.1. This is the petitioner's third successive petition.

¶2 Absent an abuse of discretion or error of law, this Court will not disturb a superior court's ruling on a petition for post-conviction relief. State v. Gutierrez, 229 Ariz. 573, 576-77, ¶ 19 (2012). It is the petitioner's burden to show that the superior court abused its discretion in denying the petition. See State v. Poblete, 227 Ariz. 537, 538, ¶ 1 (App. 2011).

¶3 We have reviewed the record in this matter, the superior court's order denying the petition for post-conviction relief, and the petition for review. We find that petitioner has not shown an abuse of discretion.

¶4 Accordingly, we grant review and deny relief.


Summaries of

State v. Katial

ARIZONA COURT OF APPEALS DIVISION ONE
Jun 14, 2018
No. 1 CA-CR 18-0071 PRPC (Ariz. Ct. App. Jun. 14, 2018)
Case details for

State v. Katial

Case Details

Full title:STATE OF ARIZONA, Respondent, v. SUNIL CHANDRA KATIAL, Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Jun 14, 2018

Citations

No. 1 CA-CR 18-0071 PRPC (Ariz. Ct. App. Jun. 14, 2018)