State of Arizona, Respondent v. Daniel Diaz, Petitioner

Summary

The court held that Diaz did not waive his ineffective-assistance claim when, through no fault of his own, attorneys in two earlier post-conviction proceedings failed to file petitions. Because no petition had previously been filed or adjudicated, the claim was not precluded either as waived or as previously decided on the merits. The court vacated the lower courts’ decisions and remanded for further proceedings.