facts underlying claim in Arizona

2024Id. at 64 ¶¶ 24–25. ¶13 The Department argues Flores’ claims accrued during his arrest on June 24, 2022.

2024See id.

2023See State v. Poblete, 227 Ariz. 537, 538, ¶ 1 (App. 2011). ¶9 Rule 32.1 sets forth several grounds that entitle a defendant to post-conviction relief, including when “the defendant demonstrates by clear and convincing evidence that the facts underlying the claim would be 1 On August 30, 2023, Arizona Supreme Court Administrative Order No. 2023-140 amended Form 24(b) “to provide a space for defendants filing a successive Notice Requesting Post-Conviction Relief to explain why the claim was not raised in a previous notice or petition.” 2 We deny Jacobs’ request for oral argument because the issu

2022Thus, the superior court correctly found that he failed to allege facts that meet the standard. ¶29 Evans argues that the superior court erred because it only considered the sufficiency of the evidence under state law “when [the claim] was raised as a federal constitutional question.” Evans tries to couch his claim as a federal one by citing Schlup v. Delo, 513 U.S. 298, 315 (1995), and Murray v. Carrier, 477 U.S. 478, 496 (1986).

2022See Wyckoff v. Mogollon Health All., 232 Ariz. 588 , 591 ¶ 9 (App. 2013).

2018Co. of Am., 182 Ariz. 586, 588 (1995) (cause of action accrues when the plaintiff knows, or in the exercise of reasonable diligence should know, the facts underlying the claim).

2010See City of Tucson v. Clear Channel Outdoor, Inc., 218 Ariz. 172, 178, ¶ 5 , 219 P.3d 219 , 225 (App.2008) (purpose of limitations defense is to avoid defendants having to litigate stale claims). ¶ 20 In sum, the Estate timely asserted the assigned claim for medical expenses.