§ 4.27.2 Scope of Remedy - Rule 32.1. Subject to limitations placed upon post-conviction proceedings set forth in other portions of Rule 32, such as matters of preclusion, any person who has been convicted of or sentenced for a criminal offense may institute a proceeding to seek relief under Rule 32. See Rule 32.1.
A defendant who has been convicted and sentenced following a trial can file a Rule 32 post-conviction relief petition to challenge the constitutionality of his conviction or sentence on grounds allowed by Rule 32 after his appeal is completed. This procedure is in addition to the direct appeal remedy, and can be quite significant because a Rule 32 proceeding is the only forum in which a defendant can establish the factual predicate for and pursue a claim of ineffective assistance of counsel. State v. Spreitz, 202 Ariz. 1, 3, ¶ 9, 39 P.2d 525, 527 (2002) (ineffective assistance of counsel claims cannot be raised on direct appeal); see also State ex rel. Thomas v. Rayes, 214 Ariz. 411, 414-15, ¶ 17, 153 P.3d 1040, 1043-44 (2007) (citing Spreitz and holding trial court could not determine issue of ineffective assistance of counsel before trial).
Rule 32 also provides the exclusive means...
