Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-4233 (2026)

Nature of proceeding and relation to other remedies

✓ current as of May 2026
Find cases: SyfertCases citing this section AZ-LEGazleg.gov (official) JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

A proceeding pursuant to this article is a part of the original criminal action and not a separate action. It displaces and incorporates all trial court post-trial remedies except post-trial motions and habeas corpus. If a defendant applies for a writ of habeas corpus in a court having jurisdiction of his person attacking the validity of his conviction or sentence, that court pursuant to this article shall transfer the cause to the court where the defendant was convicted or sentenced and that court shall treat it as a petition for relief under this article and the procedures of this article apply.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2017–2023 · leading case: Lewis v. Superior Court (Ariz. Ct. App. 2023).
Sort: Relevance Newest Treatment
Lewis v. Superior Court (Ariz. Ct. App. 2023). · cites it 5× “A.R.S. § 13-4233 (emphases added). As the statute makes clear, the superior court must treat Lewis’ mislabeled special action as the request for post- conviction relief it actually is.”
John Fitzgerald v. Hon. myers/state Ex Rel Brnovich (Ariz. 2017). · cites it 2× “In capital cases, once a mandate affirming the defendant’s conviction and death sentence has issued, this Court automatically files a PCR notice with the trial court and appoints defense counsel for the PCR proceedings.”
Morris v. Shinn (D. Ariz. 2023). · cites it 2× “” See 20 also A.R.S. § 13-4233 (if defendant applies for writ of habeas corpus attacking validity of 21 conviction or sentence, court shall treat it as petition for post-conviction relief).”
Ellison v. Shinn (D. Ariz. 2023). · cites it 2× “” See 24 also A.R.S. § 13-4233 (if defendant applies for writ of habeas corpus attacking validity of 25 conviction or sentence, court shall treat it as petition for post-conviction relief).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.