Arizona § 13-4238 Evidentiary hearing

Arizona Statutes

§ 13-4238 — Evidentiary hearing

Arizona·Title 13 Arizona Revised Statutes·Ch. 38 MISCELLANEOUS·Art. 29 Post-Conviction Relief

A.The defendant is entitled to a hearing to determine issues of material fact, with the right to be present and to subpoena witnesses. If facilities are available, the court may, in its discretion, order the hearing to be held at the place of confinement, giving at least fifteen days' notice to the officer in charge of the confinement facility. A verbatim record of the hearing shall be made.

B.The rules of evidence applicable in criminal proceedings shall apply, except that the defendant may be called to testify at the hearing.

C.The defendant has the burden of proving the allegations of fact by a preponderance of the evidence. If a constitutional defect is proven, the state has the burden of proving that the defect was harmless beyond a reasonable doubt.

D.The court shall rule with

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A. The defendant is entitled to a hearing to determine issues of material fact, with the right to be present and to subpoena witnesses. If facilities are available, the court may, in its discretion, order the hearing to be held at the place of confinement, giving at least fifteen days' notice to the officer in charge of the confinement facility. A verbatim record of the hearing shall be made.

B. The rules of evidence applicable in criminal proceedings shall apply, except that the defendant may be called to testify at the hearing.

C. The defendant has the burden of proving the allegations of fact by a preponderance of the evidence. If a constitutional defect is proven, the state has the burden of proving that the defect was harmless beyond a reasonable doubt.

D. The court shall rule within ten days after the hearing ends. If the court finds in favor of the defendant, it shall enter an appropriate order with respect to the conviction, sentence or detention, any further proceedings, including a new trial and conditions of release, and other matters that may be necessary and proper. The court shall make specific findings of fact and state expressly its conclusions of law relating to each issue presented.

Arizona § 13-4238 (Evidentiary hearing) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.