Noble v. State

These are petitions for writs of habeas corpus filed in this court on 7 September 1973 and 11 September 1973.

By this opinion we decide only one question and that is: Are these petitions, commenced after 1 September 1973, but based upon an initial criminal proceeding commenced prior to 1 September 1973, governed by Rule" 32 of the new Arizona Rules of Criminal Procedure 1973, 17 A. R.S.?

Rule 32 of the Rules of Criminal Procedure 1973 sets forth the procedure to be followed in seeking post-conviction relief in the courts of the State of Arizona. Rule 32.3 reads as follows:

“This proceeding is a…