§ 4.28.3 Significant Change in Law. “When a new principle of law is articulated, a defendant whose conviction has become final may seek relief under Rule 32. That defendant is insulated from the rules of finality and preclusion when, as the rule contemplates, there ‘has been a significant change in the law applied in the process which led’ to conviction or sentence.” State v. Slemmer, 170 Ariz. 174, 184, 823 P.2d 41, 51 (1991) (quoting Rule 32.1(g)). However, a defendant is not automatically entitled to relief under Rule 32 based on a determination that there has been a change in the law that is significant; rather, “[w]hether relief may be obtained under Rule 32 then depends on the question of retroactive application of the new principle of law.” Id. A three-part analysis is used to determine whether a new rule should apply retroactively:
First, the court must determine whether the petitioner’s case has become final. The second step essentially involves two inquiries: Is the rule that the petitioner asserts a new rule, and is the new rule substantive or procedural? Petitioners whose cases...
