State v. Rosales

In State v. Rosales, 205 Ariz. 86, P 12, 66 P.3d 1263, 1267 (App. 2003) the trial court nevertheless had dismissed the notice, finding that merely evaluating whether counsel had been ineffective, "without specific facts alleged, is not a recognized ground for relief under Rule 32." 205 Ariz. 86, P 4, 66 P.3d at 1265. The Court found the allegation had been made by appellate counsel, who was asking that a different attorney be appointed to investigate whether a claim of ineffective assistance of appellate counsel existed in order "to avoid any potential conflict of interest." Id. P 9. As the Court noted, an attorney cannot evaluate his or her own effectiveness. Id.