State v. Carver, 1 CA-CR 15-0356-PRPC

Petitioner Richie Lee Carver was convicted by a jury of burglary, aggravated assault, murder, and misconduct involving a weapon; sentenced to consecutive natural life and 11.25 years.
This court previously affirmed Carver’s convictions and sentences on direct appeal.
Carver filed a petition for post-conviction relief raising ineffective assistance of trial and appellate counsel and prosecutorial misconduct; the superior court dismissed the petition.
On petition for review, Carver primarily pressed only ineffective assistance of trial counsel, alleging failures to confront/impeach witnesses, to establish innocence, to present mitigation at sentencing, and to prepare defense experts.
The petition for review largely recited procedural history and made undeveloped assertions without specific factual support, record citations, or legal analysis required by Arizona Rule of Criminal Procedure 32.9(c)(1).
The court granted review but denied relief, deeming undeveloped arguments waived and finding no basis to overturn the trial court’s ruling.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance of trial counsel (witness impeachment)	Carver: counsel failed to adequately confront and impeach State witnesses	State: claim is undeveloped, lacks record citations and specifics to show deficiency or prejudice	Denied — claim waived/insufficiently developed
Ineffective assistance of trial counsel (establishing innocence)	Carver: counsel failed to establish his innocence	State: no developed argument or supporting evidence in petition for review	Denied — claim waived/insufficiently developed
Ineffective assistance at sentencing / expert preparation	Carver: counsel failed to present adequate mitigation and prepare experts	State: same procedural deficiency; no specific showing of prejudice	Denied — claim waived/insufficiently developed
Procedural compliance with Rule 32	Carver: (implicit) seeks review of post-conviction denial	State: petitioner failed to comply with Rule 32.9(c)(1) requirements (specificity, citations, legal authority)	Denied — failure to comply results in waiver of claims

State v. Rodriguez, 227 Ariz. 58 (App. 2010) (declining to address arguments not presented in the petition)
State v. Herrera, 121 Ariz. 12 (1978) (failure to comply with Rule 32 may waive post-conviction claims)
State v. Stefanovich, 232 Ariz. 154 (App. 2013) (insufficiently developed argument on review is waived)