AMENDMENTS TO FLA. RULES CRIM. PROC. 3.851

No. SC96646.

772 So.2d 488 (2000)

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE 3.851, 3.852 AND 3.993.

Supreme Court of Florida.

April 14, 2000.


Attorney(s) appearing for the Case

Honorable Stan R. Morris, Chairperson, Supreme Court Committee on Postconviction Relief in Capital Cases, Gainesville, Florida; Honorable Philip J. Padovano, Judge, First District Court of Appeal, Tallahassee, Florida; O.H. Eaton, Jr., Committee Member, Seminole County Courthouse, Sanford, Florida; Jerome C. Latimer, Chair, The Florida Bar Criminal Procedure Rules Committee, St. Petersburg, Florida; John F. Harkness, Jr., Executive Director, The Florida Bar, Tallahassee, Florida; and Robert A. Butterworth, Attorney General, and Richard B. Martell, Chief, Capital Appeals, and Carolyn M. Snurkowski, Division Director, Office of the Attorney General, Tallahassee, Florida, for Petitioners.

Neal A. Dupree, Capital Collateral Regional Counsel, Southern Region, and Todd G. Scher, Litigation Director, Fort Lauderdale, Florida; Gregory C. Smith, Capital Collateral Counsel, Northern Region, and Andrew Thomas, Chief Assistant CCRC, Northern Region, Tallahassee, Florida; Timothy P. Schardl, Special Assistant CCRC, Northern Region, and Mark E. Olive of the Law Offices of Mark E. Olive, P.A., Tallahassee, Florida; Bennett H. Brummer, Public Defender, and Christina A. Spaulding, Assistant Public Defender, Eleventh Judicial Circuit, Miami, Florida; Nancy A. Daniels, Public Defender, and W.C. McLain, Michael J. Minerva and Chet Kaufman, Assistant Public Defenders, Second Judicial Circuit, Tallahassee, Florida; Richard Jorandby, Public Defender, and Gary Caldwell, Assistant Public Defender, Chief, Capital Crimes Division, Fifteenth Judicial Circuit, West Palm Beach, Florida; and Stephen Krosschell of Goodman & Nekvasil, P.A., Clearwater, Florida, Responding.

Tom Feeney, Johnnie B. Byrd, Jr., and John Dudley Goodlette, Tallahassee, Florida for John E. Thrasher, Speaker, House of Representatives, Amicus Curiae.


HARDING, C.J.

We have before us amendments to Florida Rule of Criminal Procedure 3.851 proposed by the Supreme Court Committee on Postconviction Relief in Capital Cases. We have jurisdiction. See Art. V, § 2(a), Fla. Const. For the reasons expressed below and in our opinion in Allen v. Butterworth, 756 So.2d 52 (Fla.2000), which we also issue today, we propose amendments to rule 3.851, as well as amendments to...

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