After The Appeal
A.R.S. 13-4234 — a notice within ninety days after sentence, or thirty days after the appeal's mandate
The notice. A proceeding is commenced by timely filing a notice of postconviction relief with the clerk of the court where the conviction occurred. In a noncapital case, the notice is filed within ninety days after the judgment and sentence are entered, or within thirty days after the mandate affirming them on direct appeal issues, whichever is later.
Then the petition. A defendant has sixty days from the filing of the notice to file the petition, and thirty days on a successive notice.
Precluded. Relief is precluded on any ground still raisable on direct appeal or a post-trial motion, finally adjudicated on the merits, or waived at trial, on appeal or in an earlier collateral proceeding. The state pleads and proves preclusion by a preponderance of the evidence.
Some claims are excepted. Preclusion does not apply to certain claims the section names, but a successive or untimely notice raising one must state the claim and why it was not raised earlier, or the proceeding is summarily dismissed.
Federal habeas corpus has a deadline of its own, which runs separately and is not on this page. Whether a petition is timely, and which grounds can still be raised, are questions for a licensed Arizona attorney.
Sources for this section (2)
- A.R.S. 13-4234 — Commencement of proceedings; notice
- A.R.S. 13-4232 — Preclusion of post-conviction relief; exceptions; proof
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Arizona attorney.