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Doc.
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Date Docketed
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Description
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Filed by
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Notes
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09/23/2005
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PETITION-AMENDMENT TO RULES (CRIMINAL)
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PT Amendments To The Florida Rules Of Criminal Procedure CRIM BY: CHP George E. Tragos 184830
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FILED AS "EMERGENCY RECOMMENDATION AND REPORT OF THE FLORIDA BAR CRIMINAL PROCEDURE RULES COMMITTE TO AMEND RULE 3.853(d), FLORIDA RULES OF CRIMINAL PROCEDURE" (O&9 & E-MAIL)
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09/23/2005
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No Fee Required
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09/26/2005
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APPENDIX
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J. Craig Shaw 253235 BY: J. Craig Shaw 253235
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"D" (O&9 & EMAIL)
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09/27/2005
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LETTER-BAR NEWS PUBLICATION REQUEST
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TO BE PUBLISHED IN THE OCTOBER 15, 2005, BAR NEWS, WITH COMMENTS DUE BY 11/15/05
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09/27/2005
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COMMENTS
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PR Florida State Comm.- American College Of Trial Lawyers BY: PR Benjamin H. Hill 94585
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(FLORIDA STATE COMMITTEE OF THE AMERICAN COLLEGE OF TRIAL LAWYERS) (O&7) :REQ E-MAIL
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09/28/2005
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ORDER-HIGH PROFILE
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Because of significant public and media interest in this matter, counsel for the parties are directed to hereafter file an original and nine (9) copies of all pleadings filed with this Court. Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents AOSC04-84 dated September 13, 2004, counsel are directed to include a copy of all documents, including any attachments and appendices, in an electronic format as required by the provisions of that order. A copy of AOSC04-84 is attached.
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09/29/2005
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ORDER-OTHER SUBSTANTIVE
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The Florida Bar Criminal Procedure Rules Committee (Committee) has submitted to the Court a report recommending that the Court adopt an emergency amendment to Florida Rule of Criminal Procedure 3.853, Motion For Postconviction DNA Testing, eliminating the subdivision (d)(1) time limitations for filing a motion for postconviction DNA testing. In order to allow the Court sufficient time to consider the Committee's report and to seek and consider comments concerning the proposed amendment, the Court amends, on an interim basis, rule 3.853(d)(1) as follows: (d) Time Limitations. (1) The motion for postconviction DNA testing must be filed: (A) Within 4 years following the date that the judgment and sentence in the case became final if no direct appeal was taken; within 4 years following the date the conviction was affirmed on direct appeal if an appeal was taken; within 4 years following the date collateral counsel was appointed or retained subsequent to the conviction being affirmed on direct appeal in a capital case in which the death penalty was imposed; or by October 1, 2005July 1, 2006, whichever occurs later; or (B) At any time, if the facts on which the petition is predicated were unknown to the petitioner or the movant's attorney and could not have been ascertained by the exercise of due diligence. New language is indicated by underscoring; deletions are indicated by struck-through type. The interim amendment shall become effective immediately upon the release of this order. The Court invites all interested persons to comment on the Committee's proposed amendment, which is reproduced online at http://www.floridasupremecourt.org/decisions/proposed.shtml. An original and nine paper copies of all comments must be filed with the Court on or before November 15, 2005, with a certificate of service verifying that a copy has been served on the committee chair, George E. Tragos, 600 Cleveland Street, Suite 700, Clearwater, Florida 33755, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. Electronic copies of all comments also must be filed in accordance with the Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). 935 SO.2D 1218
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09/29/2005
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MOTION-OTHER SUBSTANTIVE
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PR The Florida Innocence Initiative BY: PR John R. Blue 6999
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FILED AS: PETITION URGING EMERGENCY ADOPTION OF THE PROPOSED AMENDMENT TO RULE 3.853(d) BEFORE OCTOBER 1, 2005, OR IN THE ALTERNATIVE, REQUESTING TEMPORARY SUSPENSION OF THE OCTOBER 1, 2005 DEADLINE PENDING THIS COURT'S CONSIDERATION OF THE PROPOSED AMENDMENT (O&9 W/E-MAIL)
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09/29/2005
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ORDER-OTHER SUBSTANTIVE DY
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The Florida Innocence Initiative's Petition Urging Emergency Adoption of the Proposed Amendment to Rule 3.853(d) Before October 1, 2005, or in the Alternative, Requesting Temporary Suspension of the October 1, 2005 Deadline Pending this Court's Consideration of the Proposed Amendment is hereby denied as moot.
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11/15/2005
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LETTER
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PR Kris Edward Helton BY: PR Kris Edward Helton
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DATED 11/09/05, RE: TRANSMITTAL OF COMMENTS
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11/15/2005
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COMMENTS
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PR Kris Edward Helton BY: PR Kris Edward Helton
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(KRIS EDWARD HELTON) (O&9)
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11/15/2005
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COMMENTS
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PR The Florida Innocence Initiative BY: PT Jennifer L Greenberg 0938513
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(THE FLORIDA INNOCENCE INITIATIVE, INC.) (O&9 W/E-MAIL)
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11/15/2005
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COMMENTS
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PR Florida Association of Criminal Defense Lawyers, Inc. BY: PR Michael R. Ufferman 114227
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(THE FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS) (O&9 W/E-MAIL)
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09/21/2006
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DISP-AMENDED/ADOPTED
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The Legislature has since enacted chapter 2006-292, Laws of Florida (the Act), which became effective June 23, 2006, and applies retroactively to October 1, 2005. The Act amends chapter 925, Florida Statutes (2006), and among other things, removes the deadline for filing postconviction DNA motions. Further, the Act repeals rule 3.853 to the extent it is inconsistent with the Act. In light of the fact that the Committee's proposed amendments are consistent with the Act, we adopt the amendments as set forth in the attached appendix. Deletions are indicated by struck-through type. The amendments shall become effective immediately upon release of this opinion.
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01/12/2007
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ARCHIVES
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