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STEWART v. SMITH

No. CV-01-0433-CQ.

46 P.3d 1067 (2002)

202 Ariz. 446

Terry L. STEWART, Director, Arizona Department of Corrections, Petitioner, v. Robert Douglas SMITH, Respondent.

Supreme Court of Arizona, En Banc.

May 30, 2002.

Attorney(s) appearing for the Case

Janet A. Napolitano, Arizona Attorney General by Kent E. Cattani, Chief Counsel, Capital Litigation Section, Phoenix, Attorneys for Petitioner.

Williamson & Young, P.C. by S. Jonathan Young and Hirsh, Bjorgaard & Rogers, P.L.C. by Robert J. Hirsh and Denise I. Young, Tucson, Attorneys for Respondent.

Arizona Capital Representation Project by Julie S. Hall, Tucson, Attorney for Amicus Curiae, Arizona Capital Representation Project.

KAUFMAN, Judge.*

¶ 1 The Supreme Court of the United States has certified the following question to this court:

At the time of respondent's third Rule 32 petition in 1995, did the question whether an asserted claim was of "sufficient constitutional magnitude" to require a knowing, voluntary and intelligent waiver for purposes of Rule 32.2(a)(3), see Ariz. Rule Crim. Proc. 32.2(a)(3), comment (West 2000), depend upon the merits...

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