AMEND. TO FL. RULES OF CRIM. PROCEDURE & APP. PROC.

No. SC03-685.

875 So.2d 563 (2004)

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE AND FLORIDA RULES OF APPELLATE PROCEDURE.

Supreme Court of Florida.

May 20, 2004.


Attorney(s) appearing for the Case

Miles A. McGrane III, President, Coral Gables, FL, Kelly Overstreet Johnson, President-elect, Tallahassee, FL, and John F. Harkness, Jr., Tallahassee, FL, on behalf of The Florida Bar; Honorable Olin Wilson Shinholser, Chair, Criminal Procedure Rules Committee, Sebring, FL; Katherine Eastmoore Giddings, Chair, Appellate Court Rules Committee, of Katz, Kutter, Haigler, Tallahassee, FL, for Petitioner.

James T. Miller, Chair, Amicus Curiae Committee, Jacksonville, FL, and David Fussell, President, Orlando, FL, on behalf of the Florida Association of Criminal Defense Lawyers (FACDL); William D. Matthewman of Seiden, Alder & Matthewman, Miami, FL; Nancy Daniels, Public Defender, and David A. Davis, Assistant Public Defender, Second Judicial Circuit, Tallahassee, FL, on behalf of the Florida Public Defender Association; Michael Messer, Executive Director, Miami, FL, on behalf of Association for Retarded Citizens, South Florida; Martin J. McClain and Linda M. McDermott of McClain & McDermott, Tallahassee, FL, John P. Abatecola, Chief Assistant CCRC, Capital Collateral Counsel-Northern Region, Tallahassee, FL, Terri L. Backhus of Backhus & Izakowitz, P.A., Tampa, FL, and Todd G. Scher of Law Offices of Todd G. Scher, P.L., Miami, FL, attorneys representing death-sentenced prisoners in post-conviction proceedings; Stephen Krosschell of Goodman & Nekvasil, P.A., Clearwater, FL, a member of the Criminal Rules Subcommittee of the Appellate Rules Committee; Arthur I. Jacobs, General Counsel, Florida Prosecuting Attorneys Association, Fernandina Beach, FL, and Penny Brill, Assistant State Attorney, Eleventh Judicial Circuit, Miami, FL, on behalf of the Florida Prosecuting Attorneys Association (FPAA); Andrew Stanton, Assistant Public Defender, and Edith Georgi, Coordinator, Capital Litigation Unit, Miami, FL, on behalf of the Capital Litigation Unit of the Office of the Public Defender, Eleventh Judicial Circuit; Charles J. Crist, Jr., Attorney General, Carolyn M. Snurkowski, Assistant Deputy Attorney General, Tallahassee, FL, and Candance M. Sabella, Assistant Attorney General, Chief—Capital Appeals, Tampa, FL, on behalf of the Attorney General; Neal A. Dupree, Capital Collateral Regional Counsel—Southern Region, Rachel L. Day, Assistant CCRC-South, and William M. Hennis III, Assistant CCRC-South, Fort Lauderdale, FL, on behalf of the Capital Collateral Regional Counsel—South; John W. Jennings, Capital Collateral Regional Counsel—Middle Region, Peter Cannon, Assistant CCRC and Eric Pinkard, Assistant CCRC, Tampa, FL, on behalf of Office of the Capital Collateral Regional Counsel—Middle Region; Siobhan Helene Shea, Palm Beach, FL; Harvey J. Sepler, Assistant Public Defender, Chair, Criminal Rules Subcommittee of the Appellate Court Rules Committee of The Florida Bar, Miami, FL; Honorable O.H. Eaton, Jr., Chair, Criminal Court Steering Committee, Sanford, FL; Jeff Kottkamp, Chair, Committee on Judiciary, Florida House of Representatives, Cape Coral, FL, and David De La Paz, Staff Director on behalf of Gustavo Barreiro, Chair, Committee on Public Safety & Crime Prevention, Responding with comments.


PER CURIAM.

In 2001, the Legislature created section 921.137, Florida Statutes, which bars the imposition of death sentences on mentally retarded persons and establishes a method for determining which capital defendants are mentally retarded. The Criminal Procedure Rules Committee thereafter proposed new Rule of Criminal Procedure 3.203 to provide the necessary procedure to raise mental retardation as a bar to a death sentence under section 921.137.

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