Rule 32 Petition Arizona
A Rule 32 petition for post-conviction relief is "analogous to a direct appeal for a pleading defendant." Montgomery v. Sheldon, 181 Ariz. 256, 260 n.5, 889 P.2d 614, 618 n.5 (1995), supplemented by 182 Ariz. 118, 893 P.2d 1281 (1995).
Although procedurally different, a post-conviction relief proceeding is similar to a direct appeal in that both ensure that a defendant is afforded due process of law and both ultimately seek the same relief -- a new trial. Id.; See State v. Smith, 184 Ariz. 456, 458, 910 P.2d 1, 3 (1996)(holding that because a Rule 32 petition is analogous to a direct appeal, an indigent defendant is entitled to appointed counsel for an initial post-conviction relief proceeding).
It follows that if a witness' Fifth Amendment privilege survives during a direct appeal, it also survives pending post-conviction relief. See Mitchell, 526 U.S. at 324 (stating, "a waiver of a right to trial with its attendant privileges is not a waiver of the privileges which exist beyond the confines of trial."); Politte, 136 Ariz. at 122, 664 P.2d at 666 ("The privilege granted by the Fifth Amendment applies throughout any appeal.")(emphasis added); Axley, 132 Ariz. at 388, 646 P.2d at 273 (a witness who entered a guilty plea and had the right to appeal his conviction "still possessed the right to invoke the fifth amendment").