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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