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STATE v. BENNETT

No. CR-05-0533-PR.

146 P.3d 63 (2006)

STATE of Arizona, Respondent, v. Donna Jean BENNETT, Petitioner.

Supreme Court of Arizona, En Banc.

November 9, 2006.

Attorney(s) appearing for the Case

Barbara Lawall, Pima County Attorney by Taren M. Ellis, Deputy County Attorney, Tucson, Attorneys for State of Arizona.

Adam N. Bleier, Attorney at Law by Adam N. Bleier and Arizona Justice Project by Lawrence A. Hammond, Chairperson, Tucson, Attorneys for Donna Jean Bennett.

OPINION

McGREGOR, Chief Justice.

¶ 1 We granted review to consider whether Arizona Rule of Criminal Procedure 32.2.a(3)1 precludes defendant Donna Jean Bennett's claim of ineffective assistance of appellate counsel and, if it does not, whether Bennett has stated a colorable claim. Bennett bases her ineffective assistance of counsel claim on appellate counsel's failure to challenge the sufficiency of the evidence on the causation...

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