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EXHIBIT 72
Case 2:OO—cv—O1118—NVW Document 115-4 Filed O3/28/2007 Page1 of 4

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1 DENNIS C. JONES
335§¤Pa§¤lac
2 wu: {$1`T"aw”°°° .
3 s¤¤¤¤m0 5897
m¤¤¤,Petitioner
4
5
6
IN THE SUPERIOR coum OF THE STATE OF ARIZONA
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IN AND EOR THE COUNTY OF MARICOPA
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` STATE OF ARIZONA, )
9 ) No. CR 122711
Respondent, )
19 ) RULE 32 PE*1·1:·1·1oN Fon
vs. ) POST-CONVICTION RELIEF
11 g
12 STEVEN cRA1cs JAMES, )
) (Assigned to the Honorable
13 Petitioner. ) Cheryl K. Hendrix)

14 _ _ _ _ _ _ _
Steven Craig James submits his Petition for Post-Conviction
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Relief pursuant to 17 A.R.S. Rules of Crim. Proc., Rule 32, based
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upon the attached Memorandum.
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Respectfully submitted this 3”° 18
· DENNIS c. JONES
19
20 7;
21 BY _
Dennis C. Jones
22 335 East Palm L e
Phoenix, Arizona 85004
23 Attorney for Petitioner
24
I
25 l
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Cas 2:OO—cv—O1118—NVW .D0cument115—4». Filed O3/28/2007 Page2of4

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1IIa petitioner who raises ineffective assistance of counsel for the I
2 first time, even though the issue is raised in a "second or I
3IIsubseguent" petition for post—conviction relief. Rule 32.4 (c), I
gl Ariz. Rules of Crim. Proc. Additionally, the Comment to Rule 32.5
5 makes clear that a claim of ineffective assistance of trial counsel
I 6 may properly be raised for the first time in a second or subsequent
I 7 petition for post—conviction relief. Rule 32.5 Comment, Ariz.
5 8 Rules of Crim. Proc. g
I 9 I Petitioner was entitled to a hearing in 1985 on his allegation; iii %
I 19 of ineffective assistance of trial counsel, and still is. gg!}
j i2 G. §eti;igne;'s Death Sentence Huet be Vacated Because
Petitioner uid Hot Receive gffective Assistance of,
13 gggnsgl at His genital §gntenging §ea ing.
14 Petitioner's trial counsel, Terry Pillinger, failed to
15 investigate and present significant mitigating evidence concerning
36 Petitioner's background and his mental and emotional condition on t f
17 the night_Juan Maya was killed. Due to the improper and premature I
ig dismissal of Petitioner’s ineffective assistance of counsel claim Iii;
19 in his initial Rule 32 Petition (see Claim E, supra), no court has gg?
20 yet been apprised of the facts that should have been presented to Fgg
2] the trial court before Petitioner was sentenced to death. Q
22 Following Petitioner’s conviction, Pillinger filed a Motion
23 for New Trial and a supplement to that Motion premised, inte; alia,
24 on the administration of drugs to Petitioner during the trial.
2§IIExhibits U and V. The trial court consolidated the hearing on I
2§ Petitioner’s notions for New Trial with the aggravation/Mitigation I
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28 C:\wp\J@s\P1eeei1•g\Pecitim.F.ZR 47 I
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C e 2:OO—cv-01118-NVW Document 115-4 Filed O3/28/2007 Page 3 of 4 I

1 III. QQNCLUSION
2 For all of the foregoing reasons, Petitioner requests that
3 this Court:
4 A. Conduct an evidentiary hearing at which
proof may be offered concerning the
5 allegations of this Petition;
6 B. Grant Petitioner, who is indigent,
sufficient funds to secure·expert testimony
7 and evidence necessary to prove the facts
alleged in this Petition:
8
C. Discharge Petitioner from his
9 unconstitutional confinement and restraint,
relieve him of his unconstitutional and
10 unlawful sentences of death and imprisonment,
and grant him a new trial or sentencing
_ 11 according to constitutional mandates; and
12 D. Grant such other and further relief as
_ the Court deems just and proper.
13
Respectfully submitted this $*° day of March, 1995.
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DENNIS C. JONES
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16 I:) .

17 Dennis C. Jone
335 East Palm Lane
18 Phoenix, Arizona 85004
Attorney for Petitioner
19
Copy of the foregoing
20 delivered this §!E’day
of March, 1995 to:
21
The Honorable Cheryl K. Hendrix
22 Judge of the Superior Court (delivered)
23 Jack Roberts ~
Assistant Attorney General
24 1275 West washington
Phoenix, Arizona ¤ » 7-2997 (mailed)
25 wx rf I
25 BY..QEZt ZZE;¤,,...S EZEEEL.. {
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Case 2:00-cv-01118-NVW

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