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State v. Conley

Court of Appeals of Arizona, First Division
Feb 6, 2024
1 CA-CR 22-0266 PRPC (Ariz. Ct. App. Feb. 6, 2024)

Opinion

1 CA-CR 22-0266 PRPC

02-06-2024

STATE OF ARIZONA, Respondent, v. JOSEPH LEE CONLEY, Petitioner.

Maricopa County Attorney's Office, Phoenix By Julie A. Done, Jessi C. Wade Counsel for Respondent Zhivago Law, Phoenix By Kerrie M. Droban Zhivago Counsel for Petitioner


Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Maricopa County No. CR2004-035015-001 The Honorable Patricia A. Starr, Judge

Maricopa County Attorney's Office, Phoenix By Julie A. Done, Jessi C. Wade Counsel for Respondent

Zhivago Law, Phoenix By Kerrie M. Droban Zhivago Counsel for Petitioner

Presiding Judge Andrew M. Jacobs, Judge Jennifer M. Perkins, and Judge David D. Weinzweig delivered the following decision.

MEMORANDUM DECISION

PER CURIAM

¶1 Petitioner Joseph Conley 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 Conley's third 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, 577, ¶ 19 (2012). It is the petitioner's burden to show that the superior court abused its discretion by denying the petition for post-conviction relief. See State v. Poblete, 227 Ariz. 537, 538, ¶ 1 (App. 2011) (petitioner has burden of establishing abuse of discretion on review).

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

¶4 We grant review but deny relief.


Summaries of

State v. Conley

Court of Appeals of Arizona, First Division
Feb 6, 2024
1 CA-CR 22-0266 PRPC (Ariz. Ct. App. Feb. 6, 2024)
Case details for

State v. Conley

Case Details

Full title:STATE OF ARIZONA, Respondent, v. JOSEPH LEE CONLEY, Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: Feb 6, 2024

Citations

1 CA-CR 22-0266 PRPC (Ariz. Ct. App. Feb. 6, 2024)