State of Arizona, Respondent v. Phil Osuna Gutierrez, Petitioner

Summary

The Arizona Supreme Court addressed what hearing a superior court must conduct when postconviction DNA testing ordered under A.R.S. § 13-4240 produces results favorable to the petitioner. It held that § 13-4240(K) leaves the court no discretion and requires a hearing whenever DNA results are favorable, and that the required hearing is a Rule 32 hearing, but that an evidentiary hearing is not automatically required because favorable DNA results alone do not create a colorable Rule 32 claim. Because the status conference held below did not satisfy § 13-4240(K)'s hearing requirement, the court failed to consider most of Gutierrez's proffered additional evidence bearing on his actual-innocence claim, and the court misapplied Rule 32.2(a) preclusion, the Court vacated the denial of postconviction relief and remanded.