State v. Leininger, 1 CA-CR 15-0349-PRPC

Petitioner Benjamin Thomas Leininger pled guilty to theft of a means of transportation and possession of drug paraphernalia and was sentenced to 6.5 years as agreed in plea proceedings.
Leininger filed a timely Rule 32 post-conviction relief petition asserting ineffective assistance of trial counsel.
He alleged counsel gave erroneous advice about a suppression motion and failed to properly communicate a prior plea offer that stipulated a 3.5-year prison term, causing him to reject it.
The superior court summarily dismissed the petition, finding no substantial evidence of deficient performance or prejudice and denying an evidentiary hearing.
Leininger sought review, arguing the court erred in dismissing his claim that counsel inadequately communicated the 3.5-year plea offer.
The Court of Appeals granted review but affirmed the dismissal, holding Leininger failed to state a colorable claim entitling him to an evidentiary hearing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel rendered ineffective assistance by failing to adequately communicate a 3.5-year plea offer	Leininger: counsel failed to properly advise/communicate the offer, causing him to reject it	State/superior court: record shows Leininger knew of and initially accepted the offer, then changed his mind; no specifics of counsel’s deficiency or prejudice	Court: dismissal affirmed — Leininger did not present a colorable Strickland/Frye claim; no evidentiary hearing required

Missouri v. Frye, 566 U.S. 134 (2012) (Sixth Amendment right to effective counsel extends to consideration of plea offers)
Strickland v. Washington, 466 U.S. 668 (1984) (two-prong standard for ineffective assistance: deficient performance and prejudice)
State v. Bennett, 213 Ariz. 562 (2006) (standard of review for summary dismissal of Rule 32 petitions)
State v. Krum, 183 Ariz. 288 (1995) (colorable claim requirement for evidentiary hearing)
State v. Amaral, 239 Ariz. 217 (2016) (defining colorable claim as one that likely would have changed the outcome)
State v. Borbon, 146 Ariz. 392 (1985) (generalized or unsubstantiated ineffective-assistance allegations do not require evidentiary hearing)