State Ex Rel. Napolitano v. Brown

McGregor, justice.

¶ 1 The issue raised in this special action is whether the legislature, by adopting a statute that, among other provisions, set time limits for filing petitions for post-conviction relief that conflict with time limits set in rules adopted by this court, violated the separation of powers doctrine. We accepted jurisdiction under article VI, section 5.1 of the Arizona Constitution. For the following reasons, we hold unconstitutional those portions of the statute that define the time limits.

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¶ 2 Kevin Artice Miles, a death row inmate seeking post-conviction relief, asked the…