makes error in Arizona

2026Jiron, 2024 WL 1578708 , at *1, ¶ 2. 2 STATE v. JIRON Decision of the Court DISCUSSION ¶5 We review the superior court’s PCR rulings for an abuse of discretion, “which occurs if the court makes an error of law or fails to adequately investigate the facts necessary to support its decision.” State v. Bigger, 251 Ariz. 402, 407, ¶ 6 (2021).

2026DISCUSSION ¶9 We review the superior court’s ruling on a petition for post- conviction relief for an abuse of discretion, “which occurs if the court makes an error of law or fails to adequately investigate the facts necessary to support its decision.” State v. Bigger, 251 Ariz. 402 , 407 ¶ 6 (2021).

2026The court will affirm the superior court’s ruling “if it is legally correct for any reason.” State v. Roseberry, 237 Ariz. 507 , 508 ¶ 7 (2015). ¶8 On review, Gray repeats his arguments except his claim regarding counsel’s alleged failure to request a new mental-health examination.

2026We will 3 STATE v. STUTLER Decision of the Court affirm the court’s ruling “if it is legally correct for any reason.” State v. Roseberry, 237 Ariz. 507 , 508 ¶ 7 (2015). ¶10 Stutler contends the superior court erred in finding his attempted murder claim untimely and meritless.1 He argues that the State’s proffered factual basis described attempted felony murder and could not support his attempted first-degree murder conviction.

2024An abuse of discretion occurs when there is no competent evidence to 2 MURRAY v. MURRAY Decision of the Court support the court’s decision, Little v. Little, 193 Ariz. 518, 520, ¶ 5 (1999), or when the court makes an error of law in reaching a discretionary decision, Boyle v. Boyle, 231 Ariz. 63, 65, ¶ 8 (App. 2012). ¶7 Arizona law directs that community property be equitably divided.

2024An abuse of discretion exists when the trial court makes an error of law, State v. Bernstein, 237 Ariz. 226 , 228 ¶ 9 (2015), or when “the record, viewed in the light most favorable to upholding the trial court’s decision, is ‘devoid of competent evidence to support’ the decision,” Little v. Little, 193 Ariz. 518 , 520 ¶ 5 (1999) (citation omitted). 4 CAMPBELL v. NEWELL Decision of the Court I.

2017See State v. Wall, 212 Ariz. 1, 3, ¶ 12 (2006); State v. Woody, 173 Ariz. 561, 563 (App. 1992). ¶9 Miller is a significant change in the law and is retroactive.

2017An abuse of discretion occurs if the court makes an error of law, State v. Wall, 212 Ariz. 1, 3, ¶ 12 (2006), or fails to adequately investigate the facts necessary for its decision, see State v. Douglas, 87 Ariz. 182, 187 (1960). ¶9 We first address Nelson’s claim that the superior court should have held an evidentiary hearing on impeachment of the roommate with an apparently inadmissible conviction.

2025DISCUSSION ¶6 We review the dismissal of a petition for post-conviction relief for an abuse of discretion, “which occurs if the court makes an error of law or fails to adequately investigate the facts necessary to support its decision.” State v. Bigger, 251 Ariz. 402, 407, ¶ 6 (2021). ¶7 To state a colorable claim of ineffective assistance of counsel, Kashkool “must show both that counsel’s performance fell below objectively reasonable standards and that this deficiency prejudiced [him].” State v. Bennett, 213 Ariz. 562, 567, ¶ 21 (2006) (citing Strickland v. Washington, 466 U.S. 668, 687 (198

2025See State v. Murray, 250 Ariz. 543 , 548 ¶ 12 (2021). 2 STATE v. BUTTON Decision of the Court DISCUSSION ¶4 We review the summary dismissal of a petition for post- conviction relief for an abuse of discretion, “which occurs if the court makes an error of law or fails to adequately investigate the facts necessary to support its decision.” State v. Bigger, 251 Ariz. 402 , 407 ¶ 6 (2021). ¶5 To state a colorable IAC claim, Button “must show both that counsel’s performance fell below objectively reasonable standards and that this deficiency prejudiced [him].” State v. Bennett, 213 Ariz. 562 , 567

2025DISCUSSION ¶6 We review the dismissal of a petition for post-conviction relief for an abuse of discretion, “which occurs if the court makes an error of law or fails to adequately investigate the facts necessary to support its decision.” State v. Bigger, 251 Ariz. 402, 407, ¶ 6 (2021). ¶7 To state a colorable claim of ineffective assistance of counsel, Kashkool “must show both that counsel’s performance fell below objectively reasonable standards and that this deficiency prejudiced [him].” State v. Bennett, 213 Ariz. 562, 567, ¶ 21 (2006) (citing Strickland v. Washington, 466 U.S. 668, 687 (198

2025See State v. Murray, 250 Ariz. 543 , 548 ¶ 12 (2021). 2 STATE v. BUTTON Decision of the Court DISCUSSION ¶4 We review the summary dismissal of a petition for post- conviction relief for an abuse of discretion, “which occurs if the court makes an error of law or fails to adequately investigate the facts necessary to support its decision.” State v. Bigger, 251 Ariz. 402 , 407 ¶ 6 (2021). ¶5 To state a colorable IAC claim, Button “must show both that counsel’s performance fell below objectively reasonable standards and that this deficiency prejudiced [him].” State v. Bennett, 213 Ariz. 562 , 567

2024An abuse of discretion occurs when there is no competent evidence to 2 MURRAY v. MURRAY Decision of the Court support the court’s decision, Little v. Little, 193 Ariz. 518, 520, ¶ 5 (1999), or when the court makes an error of law in reaching a discretionary decision, Boyle v. Boyle, 231 Ariz. 63, 65, ¶ 8 (App. 2012). ¶7 Arizona law directs that community property be equitably divided.

2016For purposes of this subsection, a claim for attorneys' fees may be considered a separate claim from the related judgment regarding the merits of a cause. 4 KAMBOURIAN v. KAMBOURIAN Decision of the Court law in reaching a discretionary decision, Boyle v. Boyle, 231 Ariz. 63, 65, ¶ 8 (App. 2012). ¶9 Wife argues we must presume the record supports the decree because Husband failed to provide a transcript of the trial.

2017An abuse of discretion occurs if the court makes an error of law, State v. Wall, 212 Ariz. 1, 3, ¶ 12 (2006), or fails to adequately investigate the facts necessary for its decision, see State v. Douglas, 87 Ariz. 182, 187 (1960). ¶9 We first address Nelson’s claim that the superior court should have held an evidentiary hearing on impeachment of the roommate with an apparently inadmissible conviction.

2017State v. Wall, 212 Ariz. 1, 3, ¶12 (2006); State v. Douglas, 87 Ariz. 182, 187 (1960). ¶9 A superior court may properly deny a defendant’s request to withdraw a guilty plea when the defendant does not demonstrate an injustice associated with the guilty plea or with the acceptance of it.

2024An abuse of discretion exists when the trial court makes an error of law, State v. Bernstein, 237 Ariz. 226 , 228 ¶ 9 (2015), or when “the record, viewed in the light most favorable to upholding the trial court’s decision, is ‘devoid of competent evidence to support’ the decision,” Little v. Little, 193 Ariz. 518 , 520 ¶ 5 (1999) (citation omitted). 4 CAMPBELL v. NEWELL Decision of the Court I.

2024An abuse of discretion exists when the trial court makes an error of law, State v. Bernstein, 237 Ariz. 226, 228, ¶ 9 (2015), or when "the record, viewed in the light most favorable to upholding the trial court's decision, is 'devoid of competent evidence to support' the decision," Little v. Little, 193 Ariz. 518, 520, ¶ 5 (1999) (citation omitted).

2026Mahar v. Acuna, 230 Ariz. 530, 534, ¶ 14 (App. 2012). ¶9 Stewart has not filed an answering brief.

2025See State v. Murray, 250 Ariz. 543 , 548 ¶ 12 (2021). 2 STATE v. BUTTON Decision of the Court DISCUSSION ¶4 We review the summary dismissal of a petition for post- conviction relief for an abuse of discretion, “which occurs if the court makes an error of law or fails to adequately investigate the facts necessary to support its decision.” State v. Bigger, 251 Ariz. 402 , 407 ¶ 6 (2021). ¶5 To state a colorable IAC claim, Button “must show both that counsel’s performance fell below objectively reasonable standards and that this deficiency prejudiced [him].” State v. Bennett, 213 Ariz. 562 , 567

2025An abuse of discretion occurs if the court makes an error of law in reaching a discretionary conclusion, DeLuna v. Petitto, 247 Ariz. 420, 423, ¶ 9 (App. 2019), fails to consider evidence in reaching a conclusion, or makes a finding of fact that lacks substantial evidence in the record.

2020"An abuse of discretion occurs when the court makes an error of law in the process of reaching a discretionary conclusion." In re Marriage of Williams, 219 Ariz. 546, 548, ¶ 8 (App. 2008). ¶7 While a court may sometimes order an unequal distribution of property, see Inboden v. Inboden, 223 Ariz. 542, 547, ¶ 18 (App. 2010), it cannot be based on reduced spousal maintenance, Koelsch v. Koelsch, 148 Ariz. 176, 182 (1986) ("[P]roperty division and spousal maintenance are two separate and distinct considerations at dissolution.").

2020Whereas the "interest of a spouse in his or her share of the community property is immediate, present and vested," an award of spousal maintenance is determined by the separate factors of A.R.S. § 25-319 and "may vary from time to time with the needs of the receiving spouse and the ability of the other to pay." In re Marriage of Foster, 125 Ariz. 208, 210-11 (App. 1980).

2020"An abuse of discretion occurs when the court makes an error of law in the process of reaching a discretionary conclusion." In re Marriage of Williams, 219 Ariz. 546, 548, ¶ 8 (App. 2008). ¶7 While a court may sometimes order an unequal distribution of property, see Inboden v. Inboden, 223 Ariz. 542, 547, ¶ 18 (App. 2010), it cannot be based on reduced spousal maintenance, Koelsch v. Koelsch, 148 Ariz. 176, 182 (1986) ("[P]roperty division and spousal maintenance are two separate and distinct considerations at dissolution.").

2020"An abuse of discretion occurs when the court makes an error of law in the process of reaching a discretionary conclusion." In re Marriage of Williams, 219 Ariz. 546, 548, ¶ 8 (App. 2008). ¶7 While a court may sometimes order an unequal distribution of property, see Inboden v. Inboden, 223 Ariz. 542, 547, ¶ 18 (App. 2010), it cannot be based on reduced spousal maintenance, Koelsch v. Koelsch, 148 Ariz. 176, 182 (1986) ("[P]roperty division and spousal maintenance are two separate and distinct considerations at dissolution.").

2017“The purpose of an evidentiary hearing in the Rule 32 context is to allow the court to receive evidence, make factual determinations, and resolve material issues of fact.” State v. Gutierrez, 229 Ariz. 573, 579, ¶ 31 (2012).

2017An abuse of discretion exists when the record is “devoid of competent evidence to support” the decision, Fought v. Fought, 94 Ariz. 187, 188 (1963), or when the trial court makes an error of law in the process of making its decision, State v. Simon, 229 Ariz. 60, 62, ¶ 7 (App. 2012); State v. Noceo, 223 Ariz. 222, 224, ¶ 3 (App. 2009). ¶16 As the court held, the stop required a reasonable basis, that is, a particularized and objective basis, to suspect Kearns had violated the law.

2017An abuse of discretion exists when the record is “devoid of competent evidence to support” the decision, Fought v. Fought, 94 Ariz. 187, 188 (1963), or when the trial court makes an error of law in the process of making its decision, State v. Simon, 229 Ariz. 60, 62, ¶ 7 (App. 2012); State v. Noceo, 223 Ariz. 222, 224, ¶ 3 (App. 2009). ¶16 As the court held, the stop required a reasonable basis, that is, a particularized and objective basis, to suspect Kearns had violated the law.

2017See State v. Wall, 212 Ariz. 1, 3, ¶ 12 (2006); State v. Woody, 173 Ariz. 561, 563 (App. 1992). ¶9 Miller is a significant change in the law and is retroactive.

2017An abuse of discretion exists when the record is “devoid of competent evidence to support” the decision, Fought v. Fought, 94 Ariz. 187, 188 (1963), or when the trial court makes an error of law in the process of making its decision, State v. Simon, 229 Ariz. 60, 62, ¶ 7 (App. 2012); State v. Noceo, 223 Ariz. 222, 224, ¶ 3 (App. 2009). ¶16 As the court held, the stop required a reasonable basis, that is, a particularized and objective basis, to suspect Kearns had violated the law.

2017State v. Nevarez, 235 Ariz. 129, 133, ¶ 7 (App. 2014).

2014State v. Cowles, 207 Ariz. 8, 9, ¶ 3 , 82 P.3d 369, 370 (App. 2004).

2014State v. Cowles, 207 Ariz. 8, 9, ¶ 3 , 82 P.3d 369, 370 (App. 2004).

2008State v. Sabala, 189 Ariz. 416, 419 , 943 P.2d 776, 779 (App.1997) (noting that there is inherent pressure associated with being a lone dissenter) (citation omitted).

2008State v. Sabala, 189 Ariz. 416, 419 , 943 P.2d 776, 779 (App.1997) (noting that there is inherent pressure associated with being a lone dissenter) (citation omitted).