STATE v. CRUZ

No. CR-17-0567-PC.

487 P.3d 991 (2021)

STATE of Arizona, Plaintiff/Respondent, v. John Montenegro CRUZ, Defendant/Petitioner.

Supreme Court of Arizona.

June 4, 2021.


Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, Brunn (Beau) W. Roysden III , Solicitor General, Lacey Stover Gard , Chief Counsel, Jeffrey L. Sparks (argued), Assistant Attorney General, Capital Litigation Section, Phoenix, Attorneys for State of Arizona.

Jon M. Sands , Federal Public Defender, Cary Sandman (argued), Assistant Federal Public Defender, Tucson, Attorneys for John Montenegro Cruz.

John R. Mills , Phillips Black, Inc., Oakland, CA, Attorney for Amicus Curiae Phillips Black, Inc.

JUSTICE MONTGOMERY authored the opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, and JUSTICES BOLICK, LOPEZ, and BEENE joined.


¶ 1 A defendant is generally precluded from seeking collateral review of a matter he could have raised during his direct appeal. Ariz. R. Crim. P. 32.2. One exception is when there is a significant change in the law which, if applicable to his case, would probably overturn his judgment or sentence....

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