State v. Shrum

OPINION

HURWITZ, Justice.

¶ 1 Arizona Rule of Criminal Procedure 32.2(a)(3) precludes post-conviction relief based on any ground “waived at trial, on appeal, or in any previous collateral proceeding.” Claims predicated on “a significant change in the law that if determined to apply to defendant’s case would probably overturn the defendant’s conviction or sentence,” Ariz. R.Crim. P. 32.1(g), are excluded from the general rule of preclusion under certain circumstances, Ariz. R.Crim. P. 32.2(b). This case requires us to determine when a “significant change in the law” occurs.

I

¶ 2 In February 2003,…