State v. CruzAnnotate this Case
In this issue concerning whether Defendant was precluded from seeking collateral review of a matter he could have raised during his direct appeal the Supreme Court affirmed the order of the trial court denying Defendant's petition for post-conviction relief (PCR), holding that Lynch v. Arizona (Lynch II), 136 S. Ct. 1818 (2016), was not a significant change in the law for purposes of permitting relief pursuant to Ariz. R. Crim. P. 32.1(g).
In 2005, Defendant was convicted of first degree murder and sentenced to death. After the Supreme Court decided Lynch II, which held that this Court misapplied Simmons v. South Carolina, 512 U.S. 154 (1994), Defendant filed his present PCR petition. The PCR court denied the petition, concluding that Lynch II did not amount to a significant change in the law permitting relief. The Supreme Court affirmed, holding that Lynch II was not a significant change in the law, and therefore, Defendant was not entitled to relief under Rule 32.1(g).