Page:Cruz v. Arizona (2023).pdf/9

6 After Cruz’s conviction became final, this Court decided Lynch, thereby reaffirming that Simmons applies in Arizona. Cruz then filed a successive motion for state postconviction relief pursuant to Arizona Rule of Criminal Procedure 32.1(g). That Rule permits a successive petition for postconviction relief if “there has been a significant change in the law that, if applicable to the defendant’s case, would probably overturn the defendant’s judgment or sentence.” Cruz argued that Lynch was a significant change in the law because it “had transformative effects on previously binding Arizona law.” App. 387.

The Arizona Supreme Court denied relief after holding that Lynch was “not a significant change in the law.” 251 Ariz., at 207, 487 P. 3d, at 995. As the Arizona Supreme Court itself noted, it had interpreted Rule 32.1(g) to require “ ‘some transformative event, a clear break from the past.’ ” Id., at 206, 487 P. 3d, at 994 (quoting State v. Shrum, 220 Ariz. 115, 118, 203 P. 3d 1175, 1178 (2009)). “ ‘The archetype of such a change occurs when an appellate court overrules previously binding case law.’ ” Ibid. Nevertheless, the Arizona Supreme Court held that Lynch was not a significant change in the law because “the law relied upon by the Supreme Court in [Lynch]—Simmons—was clearly established at the time of Cruz’s trial … despite the misapplication of that law by the Arizona courts.” 251 Ariz., at 206, 203 P. 3d, at 994.

In so holding, the Arizona Supreme Court rejected Cruz’s argument that Lynch should qualify as a significant change in the law under Rule 32.1(g) “because it significantly changed how Arizona applied federal law.” 251 Ariz., at 207, 487 P. 3d, at 995. The Arizona Supreme Court responded, without citation to any of its prior cases, that Rule 32.1(g) requires “a significant change in the law, whether state or federal—not a significant change in the application of the law.” Ibid. (emphasis in original).