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Rule 32.19 Review of an Intellectual Disability Determination in Capital Cases

VIII. Appeal and Other Post–Conviction Relief | Rule 32. Post–Conviction Relief for Defendants Sentenced Following a Trial or a Contested Probation Violation Hearing

No later than 10 days after the trial court makes a finding on intellectual disability in a capital case, the State or the defendant may file with the Court of Appeals a petition for special action challenging the finding. The Rules of Procedure for Special Actions govern the special action, except the Court of Appeals must accept jurisdiction and decide any issue raised.

Amendment history: Added Aug. 29, 2019, effective Jan. 1, 2020.