context: Rules 32.2(b) and 32.4(a) of the Arizona Rules of Criminal Procedure provide that a petitioner may only file a successive, untimely PCR petition based on claims that fall within the exceptions to preclusion set forth in Rule 32.1(d)-(h). Absent an applicable exception, which Petitioner does not assert, Claim 11 is now foreclosed from being raised in state court.
citation_a.signal: see also
citation_a.identifier: 149 F.3d 931, 931
citation_a.parenthetical: affirming the district court's conclusion that petitioner did not have an available state court remedy for claim that had never before been presented to the state courts despite opportunity
citation_a.sentence: See Beaty v. Stewart, 303 F.3d 975, 987 & n. 5 (9th Cir.2002) (finding no available state court remedies and noting that petitioner did not raise any exceptions to Rule 32.2(a)); see also Ortiz, 149 F.3d at 931 (affirming the district court’s conclusion that petitioner did not have an available state court remedy for claim that had never before been presented to the state courts despite opportunity).
citation_b.signal: see
citation_b.parenthetical: finding no available state court remedies and noting that petitioner did not raise any exceptions to Rule 32.2(a
citation_b.sentence: See Beaty v. Stewart, 303 F.3d 975, 987 & n. 5 (9th Cir.2002) (finding no available state court remedies and noting that petitioner did not raise any exceptions to Rule 32.2(a)); see also Ortiz, 149 F.3d at 931 (affirming the district court’s conclusion that petitioner did not have an available state court remedy for claim that had never before been presented to the state courts despite opportunity).