State of Arizona v. Ramon Escareno Meraz
232 Ariz. 586
| Ariz. Ct. App. | 2013Background
- Escareno-Meraz petitions for review of a trial court summary dismissal of a successive Rule 32 post-conviction relief notice.
- He was convicted by a jury of multiple drug-and-enterprise offenses and sentenced to aggravated prison terms, with several consecutive terms.
- This court previously affirmed the convictions and later denied post-conviction relief on review.
- In 2013, Escareno-Meraz asserted Martinez v. Ryan created a significant change entitling him to raise an ineffective-assistance claim against Rule 32 counsel.
- The trial court summarily dismissed, holding Martinez did not alter Arizona law allowing no right to counsel for non-pleading defendants in Rule 32 proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Martinez extend a right to effective Rule 32 counsel for non-pleading defendants? | Escareno-Meraz | Escareno-Meraz | Martinez does not alter Arizona law governing Rule 32 proceedings |
| Did Martinez create a cognizable ground for relief for non-pleading defendants in Rule 32 proceedings? | Escareno-Meraz asserts entitlement to relief | State relies on established precedent denying such ground | No cognizable ground under Rule 32 for ineffective-assistance claim against counsel for non-pleading defendants |
Key Cases Cited
- State v. Mata, 185 Ariz. 319 (1996) (no constitutional right to counsel in post-conviction proceedings for non-pleading defendants)
- State v. Krum, 183 Ariz. 288 (1995) (limits on counsel in post-conviction proceedings)
- Osterkamp v. Browning, 250 P.3d 551 (Ariz. App. 2011) (counsel issues in post-conviction matters discussed)
- State v. Armstrong, 862 P.2d 230 (Ariz. App. 1993) (counsel rights in post-conviction context)
- State v. Sullivan, 69 P.3d 1006 (Ariz. App. 2003) (courts may not disregard supreme court decisions)
- State v. Swoopes, 166 P.3d 945 (Ariz. App. 2007) (abuse of discretion standard for post-conviction rulings)
- Martinez v. Ryan, U.S. _, 132 S. Ct. 1309 (2012) (equitable right to initial post-conviction counsel; does not decide right to counsel in first collateral proceeding)