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State v. Murrell

ARIZONA COURT OF APPEALS DIVISION ONE
Apr 1, 2021
No. 1 CA-CR 20-0433 PRPC (Ariz. Ct. App. Apr. 1, 2021)

Opinion

No. 1 CA-CR 20-0433 PRPC

04-01-2021

STATE OF ARIZONA, Respondent, v. ANTONY TERRELL MURRELL, JR., Petitioner.

COUNSEL Antony Terrell Murrell, Jr., Florence Petitioner


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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

Petition for Review from the Superior Court in Maricopa County
No. CR2017-150977-001
The Honorable Michael J. Herrod, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Antony Terrell Murrell, Jr., Florence
Petitioner

MEMORANDUM DECISION

Presiding Judge Jennifer M. Perkins, Judge Randall M. Howe and Judge Maria Elena Cruz delivered the decision of the Court.

PER CURIAM:

¶1 Petitioner Antony Terrell Murrell, Jr. 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 petitioner's second petition for post-conviction relief.

¶2 A petitioner must strictly comply with the post-conviction rules or be denied relief. State v. Carriger, 143 Arizona. 142, 146 (1984). It is the petitioner's burden to assert a claim within the provisions of Rule 33 and a failure to comply with the rule results in a waiver of that claim. Id. Here, Petitioner failed to comply with Rule 33.16 because he did not attach a copy of the trial court's rulings, include a statement of issues decided by the trial court, include a statement of materials facts with references to the record, or give reasons why the appellate court should grant the petition with citations to supporting legal authority. See Ariz. R. Crim. P. Rule 33.16(c)(2). Petitoner's failure to comply with Rule 33.16 justifies our refusal to grant review. See Ariz. R. Crim. P. 33.16(k) (describing appellate review as discretionary); see also State v. Ramirez, 126 Ariz. 464, 468 (App. 1980) (court of appeals does not address issues raised for the first time in a petition for review); State v. Stefanovich, 232 Ariz. 154, 158, ¶ 16(App. 2013) (failure to cite to relevant authority and to develop the argument waives claim on review); State v. Bolton, 182 Ariz. 290, 298 (1995) (insufficient argument wives claim on review).

¶3 Accordingly, review of the superior court's order is denied.


Summaries of

State v. Murrell

ARIZONA COURT OF APPEALS DIVISION ONE
Apr 1, 2021
No. 1 CA-CR 20-0433 PRPC (Ariz. Ct. App. Apr. 1, 2021)
Case details for

State v. Murrell

Case Details

Full title:STATE OF ARIZONA, Respondent, v. ANTONY TERRELL MURRELL, JR., Petitioner.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Apr 1, 2021

Citations

No. 1 CA-CR 20-0433 PRPC (Ariz. Ct. App. Apr. 1, 2021)