Noble v. State, s. H--281--3 and H--671
Decision Date | 14 September 1973 |
Docket Number | Nos. H--281--3 and H--671,s. H--281--3 and H--671 |
Citation | 514 P.2d 458,109 Ariz. 537 |
Parties | Andrew Milo NOBLE, Petitioner, v. The STATE of Arizona, Respondent. Dallas RICHIE, Jr., Petitioner, v. Harold CARDWELL, Warden, Respondent. |
Court | Arizona Supreme Court |
Andrew Milo Noble, Dallas Richie, Jr., in pro per.
Gary K. Nelson, Atty. Gen., Phoenix, for respondents.
These are petitions for writs of habeas corpus filed in this court on 7 September 1973 and 11 September 1973.
By this opinion we decide only one question and that is: Are these petitions, commenced after 1 September 1973, but based upon an initial criminal proceeding commenced prior to 1 September 1973, governed by Rule 32 of the new Arizona Rules of Criminal Procedure 1973, 17 A.R.S.?
Rule 32 of the Rules of Criminal Procedure 1973 sets forth the procedure to be followed in seeking post-conviction relief in the courts of the State of Arizona. Rule 32.3 reads as follows:
Rule 32.4 provides:
(Emphasis added)
However, Rule 1.5 of the rules reads as follows:
'These rules shall govern all criminal actions commenced on or after twelve o'clock midnight, 1 September 1973.'
The apprehension, adjudication, and disposition of a criminal matter is part of one continuous process from arrest to determination on appeal, and the new Rules of Criminal Procedure apply only to those cases...
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Coleman v. State, 81-115
...relief is civil in nature and independent of the criminal action. State v. Hannagan (Alaska 1977), 559 P.2d 1059; Noble v. State (1973), 109 Ariz. 537, 514 P.2d 458; State v. Richardson (1965), 194 Kan. 471, 399 P.2d 799; Smith v. State (1968), 79 N.M. 450, 444 P.2d 961; Noble v. Sigler (8t......
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...as anticipated criminal litigation. I respectfully dissent. 1 See also: State v. Hannagan, 559 P.2d 1059 (Alaska 1977); Noble v. State, 109 Ariz. 537, 514 P.2d 458 (1973); State v. Bearshield, 104 Idaho 676, 662 P.2d 548 (1983); State v. Jones, 30 Ill.App.3d 706, 332 N.E.2d 411 (1975); Kell......
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...date of the new Rules, they are applicable to petitions for post-conviction relief filed after the effective date. Noble v. State, 109 Ariz. 537, 514 P.2d 458 (1973). Appellant was arraigned on December 28, 1972 and a plea of not guilty was entered on his behalf by the court. Appellant then......
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...revocation review procedures. However, consideration must be given to the decision of the Arizona Supreme Court in Noble v. State, 109 Ariz. 537, 514 P.2d 458 (1973), which, to some extent, modifies the provisions of Rule 1.5, so as to make certain provisions of the 1973 rules applicable to......