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State v. Muehlhausen

Court of Appeals of Arizona, First Division
Dec 13, 2022
1 CA-CR 22-0157 PRPC (Ariz. Ct. App. Dec. 13, 2022)

Opinion

1 CA-CR 22-0157 PRPC

12-13-2022

STATE OF ARIZONA, Respondent, v. DAVID ALLEN MUEHLHAUSEN, Petitioner.

Mohave County Attorney's Office, Kingman By Matthew J. Smith Counsel for Respondent David Allen Muehlhausen, Buckeye Petitioner


Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Petition for Review from the Superior Court in Mohave County No. S8015CR201501331 The Honorable Derek Carlisle, Judge

Mohave County Attorney's Office, Kingman By Matthew J. Smith Counsel for Respondent

David Allen Muehlhausen, Buckeye Petitioner 1

Presiding Judge Samuel A. Thumma, Judge Cynthia J. Bailey, and Vice Chief Judge David B. Gass delivered the following decision.

MEMORANDUM DECISION

PER CURIAM.

¶1 Petitioner David Allen Muehlhausen 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 Muehlhausen's first petition.

¶2 Absent an abuse of discretion or legal error, this court will not disturb a superior court's ruling on a petition for post-conviction relief. See State v. Gutierrez, 229 Ariz. 573, 577 ¶ 19 (2012). Petitioner has the burden to show that the superior court erred in denying the petition for postconviction relief. See State v. Poblete, 227 Ariz. 537, 538 ¶ 1 (App. 2011).

¶3 This court has reviewed the record in this matter, the order denying the petition for post-conviction relief and the petition for review. This court finds the petitioner has not established error.

¶4 This court grants review but denies relief. 2


Summaries of

State v. Muehlhausen

Court of Appeals of Arizona, First Division
Dec 13, 2022
1 CA-CR 22-0157 PRPC (Ariz. Ct. App. Dec. 13, 2022)
Case details for

State v. Muehlhausen

Case Details

Full title:STATE OF ARIZONA, Respondent, v. DAVID ALLEN MUEHLHAUSEN, Petitioner.

Court:Court of Appeals of Arizona, First Division

Date published: Dec 13, 2022

Citations

1 CA-CR 22-0157 PRPC (Ariz. Ct. App. Dec. 13, 2022)