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FITZGERALD v. MYERS

No. CR-16-0285-PR.

402 P.3d 442 (2017)

John Vincent FITZGERALD, Petitioner, v. Honorable Sam MYERS, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona ex rel. Mark Brnovich, Arizona Attorney General, Real Party in Interest.

Supreme Court of Arizona.

Filed September 26, 2017.

Attorney(s) appearing for the Case

Randall J. Craig (argued), The Law Offices of Randall J. Craig, PLLC, Scottsdale, Attorneys for John Vincent Fitzgerald.

Mark Brnovich , Arizona Attorney General, Dominic Draye , Solicitor General, Lacey Stover Gard , Chief Counsel, Capital Litigation Section, Julie A. Done (argued), Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Eric John Aiken (argued), Jessica A. Gattuso , Colleen Clase , Arizona Voice for Crime Victims, Phoenix, Attorneys for Frank Fitzgerald and Mary Kennedy.

Emily Skinner (argued), Arizona Capital Representation Project, Phoenix, Attorneys for Amicus Curiae Arizona Capital Representation Project.

VICE CHIEF JUSTICE PELANDER authored the opinion of the Court, in which CHIEF JUSTICE BALES, JUSTICES BRUTINEL, TIMMER, BOLICK, and GOULD joined. JUDGE VÁSQUEZ concurred in the result.

¶ 1 After affirming a defendant's conviction and death sentence in a capital case, this Court is statutorily required to appoint counsel to represent the defendant in state post-conviction relief ("PCR") proceedings. A.R.S. § 13-4041(B). Such proceedings are governed by Arizona Rule of...

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