No. 1 CA-CR 95-0030 PR.

185 Ariz. 112 (1995)

912 P.2d 1341

STATE of Arizona, Respondent, v. James Charles CURTIS, Petitioner.

Court of Appeals of Arizona, Division 1, Department C.

Review Denied March 19, 1996.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, and Matthew J. Smith, Deputy County Attorney, Phoenix, for respondent.

James Charles Curtis, Florence, in pro. per.

FIDEL, Judge.

Defendants are precluded from seeking post-conviction relief on grounds that were adjudicated, or could have been raised and adjudicated, in a prior appeal or prior petition for post-conviction relief ("PCR"). See Ariz.R.Crim.P. 32.2, 17 Ariz. Rev. Stat. Ann. ("A.R.S."). But the State can waive preclusion if, when responding to a PCR, the State fails to "plead and prove ... preclusion by a preponderance of the evidence." Id.; State v. Hursey...

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