State v. Sutphin

OPINION

CHÁVEZ, Chief Justice.

{1} We are again presented with the opportunity to clarify that a petitioner may raise issues in a petition for a writ of habeas corpus that could have been raised on appeal, but that such issues are reviewed for fundamental error. In this case, notwithstanding two errors in the jury instructions, we conclude that fundamental error did not occur at Petitioner Kevin Sutphin’s trial. We thus reverse the district court and deny Petitioner a writ of habeas corpus.

I. BACKGROUND

{2} Our recitation of the facts is taken from our opinion upholding on direct appeal…