State v. Bennett
In State v. Bennett, 213 Ariz. 562,14, 146 P.3d 63, 67 (2006), the court found the trial court had erred in finding the non-pleading defendant precluded from raising a claim of ineffective assistance of appellate counsel in his second post-conviction proceeding. 213 Ariz. 562,1, 10, 13, 146 P.3d 63, 65-67 (2006).
The defendant had raised a claim of ineffective assistance of trial counsel in the first Rule 32 proceeding. Id.8.
The court reasoned that because initial Rule 32 counsel and appellate counsel was the same person, counsel could not be expected to argue his own ineffectiveness. Id.14.