State of Arizona v. Daniel Diaz

Justice TIMMER,

opinion of the Court.

¶ 1 A criminal defendant cannot obtain post-conviction relief based on a ground that has been waived in a prior post-conviction relief proceeding. Ariz. R.Crim. P. 32.2(a)(3). Under the unusual facts of this case, Daniel Diaz did not waive his ineffective assistance of trial counsel claim when, through no fault of Diaz’s, his counsel failed to file petitions in two prior post-conviction relief proceedings.

I. BACKGROUND

¶2 Before his 2007 conviction for possession of methamphetamine for sale, Diaz rejected two plea offers to stipulate, respectively, to prison…