ALLEN v. BUTTERWORTH

Nos. SC00-113, SC00-154 and SC00-410.

756 So.2d 52 (2000)

Lloyd Chase ALLEN, et al., Petitioners, v. Robert A. BUTTERWORTH, et al., Respondents. Mark James Asay, et al., Petitioners, v. Robert A. Butterworth, et al., Respondents. Jeffrey Allen Farina, et al., Petitioners, v. State of Florida, Respondent.

Supreme Court of Florida.

April 14, 2000.


Attorney(s) appearing for the Case

Neal A. Dupree, Capital Collateral Regional Counsel, Southern Region, and Todd G. Scher, Litigation Director, Fort Lauderdale, Florida; Eugene Zenobi and Terence Lenamon, Coral Gables, Florida; John W. Moser, Capital Collateral Regional Counsel, Middle Region, and Michael P. Reiter, Chief Assistant CCRC, Middle Region, Tampa, Florida; and J. Rafael Rodriguez, Miami, 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; Hilliard E. Moldof, Fort Lauderdale, Florida; Larry B. Henderson, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, Florida; Bennett H. Brummer, Public Defender, and Christina A. Spaulding, Assistant Public Defender, Eleventh Judicial Circuit, Miami, Florida; and Nancy A. Daniels, Public Defender, and W.C. McLain, Michael J. Minerva and Chet Kaufman, Assistant Public Defenders, Second Judicial Circuit, Tallahassee, Florida, for Petitioners.

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 Respondents.


HARDING, C.J.

The petitioners, all inmates under sentence of death, have filed petitions asking this Court to stay the application of the Death Penalty Reform Act of 2000 (DPRA), chapter 2000-3, Laws of Florida (Committee Substitute for House Bill 1A (2000)), to toll the DPRA deadlines, and to declare the DPRA unconstitutional facially or as applied. For the reasons expressed below, we find that the DPRA is an unconstitutional encroachment on this Court's exclusive...

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