Canion v. Cole

OPINION

BERCH, Vice Chief Justice.

¶ 1 This ease raises the question whether a convicted defendant who has filed a notice of post-conviction relief (“PCR”), but has not filed a petition seeking relief, has a right to compel discovery for his PCR proceedings. We hold that he does not.

I. Facts and Procedural Background

¶2 Dennis Canion was convicted of first degree murder, aggravated assault, escape, misconduct involving weapons, and solicitation to commit second degree murder. See State v. Canion, 199 Ariz. 227, 229-30, ¶¶ 2-8, 16 P.3d 788, 790-91, (App.2000). The convictions were affirmed on…