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STATE v. SHRUM

No. CR-08-0312-PR.

203 P.3d 1175 (2009)

STATE of Arizona, Petitioner, v. John Herbert SHRUM, Respondent.

Supreme Court of Arizona, En Banc.

March 19, 2009.

Attorney(s) appearing for the Case

Andrew P. Thomas, Maricopa County Attorney by Gerald R. Grant, Deputy County Attorney, Phoenix, Attorneys for State of Arizona.

Bruce Peterson, Office of the Legal Advocate by Thomas J. Dennis, Deputy Legal Advocate, Phoenix, Attorneys for John Herbert Shrum.

OPINION

HURWITZ, Justice.

¶ 1 Arizona Rule of Criminal Procedure 32.2(a)(3) precludes post-conviction relief based on any ground "waived at trial, on appeal, or in any previous collateral proceeding." Claims predicated on "a significant change in the law that if determined to apply to defendant's case would probably overturn the defendant's conviction or sentence," Ariz. R.Crim. P. 32.1(g), are excluded from the general rule of preclusion under certain...

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