Notice: Proposed criminal rules amendments

Posted On Dec 19 2020 by

first_img: Proposed criminal rules amendments In response to the Supreme Court’s request in Amendments to Florida Rules of Criminal Procedure 3.851, 3.852, and 3.993, 797 So. 2d 1213 (Fla. 2001), the Court’s Committee on Post Conviction Relief in Capital Cases has filed its proposed amendments to Florida Rule of Criminal Procedure 3.851(h), which addresses the procedures to be followed in capital cases after a death warrant is signed by the Governor.The court invites all interested persons to comment on the committee’s proposed amendments, which are reproduced in full below, as well as online at www.flcourts.org/sct/sctdocs/proposed.html. An original and seven copies of all comments must be filed with the court on or before May 1, with a certificate of service verifying that a copy has been served on the committee chair (Chief Judge Stan R. Morris, Eighth Judicial Circuit, Alachua County Courthouse, 201 East University Avenue, Gainesville 32601) as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument which has been scheduled in this case for June 5. IN THE SUPREME COURT OF FLORIDA AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.851(h), SC02-526. Rule 3.851. Collateral Relief After Death Sentence Has Been Imposed And Affirmed on Direct Appeal. (a) – (g) No Change (h) After Death Warrant Signed. The time periods provided for under this rule shall be expedited after a death warrant has been signed. (1) Judicial Assignment. The Chief Judge of the circuit shall assign the case to a judge qualified under the Rules of Judicial Administration to conduct capital cases as soon as notification of the death warrant is received. (2) Calendar Advancement. Proceedings after a death warrant has been issued shall take precedence over all other cases. The assigned judge shall make every effort to resolve scheduling conflicts with other cases including cancellation or rescheduling of hearings or trials and requesting senior judge assistance. (3) Schedule of Proceedings. The time limitations in this rule shall not apply after a death warrant has been signed. All motions shall be heard expeditiously considering the time limitations set by the date of execution and the time required for appellate review. A stay of execution should only be granted when orderly disposition of the case requires it due to logistical difficulties, unavailability of witnesses or other unavoidable circumstances. (4) Venue. The traditional provisions for venue are suspended while a death warrant is pending. Venue shall be determined by the trial judge considering the availability of witnesses or evidence, the security problems involved in the case, and any other factor determined by the trial court. (5) Postconviction Motions. All motions filed after a death warrant is issued shall be considered successive motions and subject to the content requirement of section (e)(2) of this rule. (6) Presence of the defendant. The defendant shall be present in person if practical or, if not, electronically, at all evidentiary hearings and at any hearing involving change of counsel after a death warrant has been issued. (7) Case Management Conference; Evidentiary Hearing. The assigned judge shall schedule a case management conference as soon as reasonably possible after receiving notification that a death warrant has been signed. During the case management conference the court shall set a time for filing a postconviction motion and shall schedule a hearing in accordance with section (f)(5)(B) of this rule. (8) Reporting Evidentiary Hearing. The assigned judge shall require the proceedings conducted under death warrant to be reported using the most advanced and accurate technology available in general use at the location of the hearing. The proceedings shall be transcribed expeditiously considering the time limitations set by the execution date. (9) Procedures After Evidentiary Hearing. The court shall obtain a transcript of the evidentiary hearing and shall render its order in accordance with section (f)(5)(D) of this rule as soon as possible after the hearing is concluded. A copy of the final order shall be electronically transmitted to the Supreme Court of Florida, and to the attorneys of record. (10) Transmittal of Record. The record shall be immediately delivered to the Clerk of the Supreme Court of Florida by the Clerk of the trial court or as ordered by the assigned judge. A notice of appeal shall not be required to transmit the record. Notice: Proposed criminal rules amendments Notice April 1, 2002 Noticeslast_img read more