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CANION v. COLE

No. CV-04-0243-PR.

115 P.3d 1261 (2005)

Dennis Wayne CANION, Petitioner, v. The Honorable David R. COLE, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona ex rel. Andrew P. Thomas, Maricopa County Attorney, Real Party in Interest.

Supreme Court of Arizona, En Banc.

July 21, 2005.

Attorney(s) appearing for the Case

Martin Lieberman, P.C. by Martin Lieberman, Phoenix, Attorney for Dennis Wayne Canion.

Richard M. Romley, Former Maricopa County Attorney, Andrew P. Thomas, Maricopa County Attorney by Paul J. McMurdie, Deputy County Attorney, Faith C. Klepper, Deputy County Attorney, Phoenix, Attorneys for the State of Arizona.

Arizona Attorneys for Criminal Justice, Tucson, National Association of Criminal Defense Lawyers by Natman Schaye, Ellen Rubin, Tucson, Attorneys for Amici Curiae.

OPINION

BERCH, Vice Chief Justice.

¶ 1 This case raises the question whether a convicted defendant who has filed a notice of post-conviction relief ("PCR"), but has not filed a petition seeking relief, has a right to compel discovery for his PCR proceedings. We hold that he does not.

I. FACTS AND PROCEDURAL BACKGROUND

¶ 2 Dennis Canion was convicted of first degree murder, aggravated assault, escape, misconduct involving weapons...

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