State of Arizona v. David Nikolas Delich
Syllabus
Did the superior court abuse its discretion in determining a defendant's claim under Rule 33.1(h), Ariz. R. Crim. P., that a jury would have found him guilty except insane, was not filed \within a reasonable time after discovering the basis for the claim\ as required by Rule 33.4(a)(3)(B), Ariz. R. Crim. P., when the defendant was aware of a potential guilty-except-insane defense at the time he pled guilty twelve years prior? Did the superior court correctly conclude that a claim a jury would find a defendant guilty except insane is not cognizable under Rule 33.1(h)?
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