AMENDMENT TO FLORIDA RULES OF CRIMINAL PROCEDURE CREATING RULE 3.853 (DNA Testing).
Amendment to Florida Rules of Appellate Procedure 9.140 & 9.141.
Supreme Court of Florida.https://leagle.com/images/logo.png
October 18, 2001.
October 18, 2001.
Attorney(s) appearing for the Case
Oscar H. Eaton, Jr., Past Chair, The Florida Bar Criminal Procedure Rules Committee, Sanford, FL, Robert R. Wills, Assistant Public Defender, Fort Lauderdale, FL, John F. Harkness, Jr., Executive Director, The Florida Bar, Tallahassee, FL; James T. Miller, Chair, Amicus Curiae Committee, Florida Association of Criminal Defense Lawyers, Jacksonville, FL, on behalf of Jerry Berry, President, FACDL, Naples, FL; and Winifred J. Sharp, Chair, Appellate Court Rules Committee, Daytona Beach, FL, for Petitioners.
Chet Kaufman and Paula S. Saunders, Assistant Public Defenders, Second Judicial Circuit, Tallahassee, FL, Christina A. Spaulding, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, John J. Skye, Chief Assistant Public Defender, Thirteenth Judicial Circuit, Tampa, FL, and William P. White, III, Chief Assistant Public Defender, Fourth Judicial Circuit, Jacksonville, FL, on behalf of Florida Public Defender Association, Inc.; Michael P. Reiter, Capital Collateral Regional Counsel —Northern Region, Tallahassee, FL; Neal A. Dupree, Capital Collateral Regional Counsel—Southern Region, and Todd G. Scher, Litigation Director, CCRC—Southern Region, Fort Lauderdale, FL; Barry C. Scheck, Co-Director, The Innocence Project, New York, NY; Carolyn M. Snurkowski, Assistant Attorney General, Tallahassee, FL; Arthur I. Jacobs, General Counsel, Florida Prosecuting Attorneys Association, Fernandina Beach, FL; Michael R. Ramage, General Counsel, the Florida Department of Law Enforcement, Tallahassee, FL; Tom Feeney, Speaker, Florida House of Representatives, Tallahassee, FL, Responding.
Supreme Court of Florida.
PER CURIAM.
We have before us the Criminal Procedure Rules Committee's amended emergency petition to create new Rule of Criminal Procedure 3.853 (DNA Testing) and the Appellate Court Rules Committee's emergency petition to amend Rules of Appellate Procedure 9.140 and 9.141 (Appeals from DNA Testing Under Proposed Rule 3.853). We have jurisdiction. See art. V, § 2(a), Fla. Const. We adopt proposed new rule 3.853 with the modifications explained below. We...
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