IN RE AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.853(D)

No. SC05-1702.

938 So.2d 977 (2006)

IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.853(d).

Supreme Court of Florida.

September 21, 2006.


Attorney(s) appearing for the Case

William C. Vose, Chair, Florida Bar Criminal Procedure Rules Committee, Orlando, Florida, George E. Tragos, Past Chair, Clearwater, Florida; John F. Harkness, Jr., Executive Director, and J. Craig Shaw, Bar Liaison, The Florida Bar, Tallahassee, Florida, for Petitioner.

Benjamin H. Hill, III, of Hill, Ward and Henderson, P.A., Tampa, Florida, on behalf of the Florida State Committee of the American College of Trial Lawyers; Jennifer L. Greenberg, Tallahassee, Florida, Talbot D'Alemberte, Florida State University School of Law, Tallahassee, Florida, and John R. Blue, Sylvia H. Walbolt, Nancy H. Henry, and Christopher J. Kaiser of Carlton Fields, P.A., Tampa, Florida, on behalf of the Florida Innocence Initiative, Inc.; Michael Ufferman, Tallahassee, Florida, and Paula S. Saunders, Office of the Public Defender, Tallahassee, Florida, on behalf of the Florida Association of Criminal Defense Lawyers; and Kris Edward Helton, Avon Park, Florida, Responding with comments.


PER CURIAM.

The Criminal Procedure Rules Committee (Committee) has filed in this Court an emergency recommendation and report to amend Florida Rule of Criminal Procedure 3.853, which governs motions for postconviction DNA testing We have jurisdiction. See art. V, § 2(a), Fla. Const.

The history of rule 3.853 is set forth in the Court's prior opinions. See Amendments to Fla. Rule Crim. Pro. 3.853(d)(1)(A),...

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