State of Arizona v. Richard J. Glassel, 312 P.3d 1119

Richard J. Glassel was convicted of two counts of first‑degree murder and thirty counts of attempted first‑degree murder for a 2000 shooting; sentenced to death in 2003.
This Court affirmed the convictions and sentences in 2005; certiorari to the U.S. Supreme Court was denied in 2006.
In 2010 Glassel filed a Rule 32 post‑conviction petition asserting, among other claims, ineffective assistance of trial counsel; that petition was pending when he died in January 2013.
The superior court dismissed the Rule 32 proceedings and, relying on State v. Griffin, vacated the indictment and convictions (abatement ab initio).
The State appealed; the Supreme Court granted review to determine whether Griffin’s abatement doctrine applies when a defendant dies after direct appeal is resolved but while collateral post‑conviction relief is pending.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Griffin’s abatement ab initio applies when a defendant dies while a Rule 32 petition is pending	State: Griffin applies only to death during direct appeal; not to collateral proceedings	Glassel (via Rule 32): Rule 32 is effectively equivalent to a direct appeal for claims first raised there (e.g., ineffective assistance)	Court: Griffin does not apply to collateral post‑conviction proceedings; convictions affirmed on direct appeal remain intact
Whether Rule 32 petitions are equivalent to direct appeals for abatement purposes	State: Rule 32 is collateral and distinct from constitutional right to appeal	Glassel: First opportunity to raise some claims in Rule 32 makes it equivalent in practice	Court: Rule 32 is collateral/supplementary to direct appeal; not equivalent for abatement doctrine
Whether finality and victims’ interests require overruling Griffin	Victims (amici): Abatement harms victims’ rights and finality; some jurisdictions have abandoned or limited Griffin	No party squarely asked to overrule Griffin; State did not press full overruling here	Court: Declined to address overruling Griffin; left Griffin intact for direct‑appeal deaths but limited its application to that context

State v. Griffin, 121 Ariz. 538, 592 P.2d 372 (Ariz. 1979) (establishes abatement ab initio when defendant dies pending direct appeal)
State v. Glassel, 211 Ariz. 33, 116 P.3d 1193 (Ariz. 2005) (affirming Glassel’s convictions and sentences)
Dove v. United States, 423 U.S. 325 (U.S. 1976) (distinguishing direct appeals from discretionary review for abatement purposes)
United States v. Bechtel, 547 F.2d 1379 (9th Cir. 1977) (federal discussion of abatement on death pending appeal)
State v. Carriger, 143 Ariz. 142, 692 P.2d 991 (Ariz. 1984) (Rule 32 is collateral and separate from constitutional right to appeal)
Canion v. Cole, 210 Ariz. 598, 115 P.3d 1261 (Ariz. 2005) (presumption that convictions affirmed on direct appeal are regularly obtained and valid)
People v. Valdez, 911 P.2d 703 (Colo. App. 1996) (collateral appeals should be dismissed, not abated, after unsuccessful direct appeal)