IN RE RULE OF CRIMINAL PROCEDURE 3.851 (COLLATERAL RELIEF AFTER DEATH SENTENCE HAS BEEN IMPOSED) AND RULE 3.850 (MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE)
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On October 20,1997, we issued an order in this cause granting extensions of time for filing motions under Florida Rule of Criminal Procedure 3.851 for the defendants listed in that order. In re Rule of Crim. P. 3.851, 700 So. 2d 682 (Fla.1997). In the order, we tolled the time periods for the filing of those motions until January 15, 1998, stating that we would consider those motions after the filing of the inventories and schedules required in In re Amendment to Fla. R.Crim. P. Capital Postconviction Public Records Production—R. 3.852, 700 So. 2d 680 (Fla.1997). Since we issued the order, we have received additional motions from defendants not listed in that order who have also requested that the time limits set forth in rule 3.851 be tolled.
On today’s date, we issued an opinion tolling the time until June 1, 1998, for certain cases in ease number 92,026, and ordered that new inventories be filed in accordance with that opinion by March 1, 1998. Consequently, we find it necessary to also toll the time until June 1, 1998, for those defendants listed in the original order in this case as well as for those defendants for whom new motions have been filed. The defendants for whom the time limits are being tolled are set forth in the appendix attached to this order. It is so ordered.
KOGAN, C.J., OVERTON, SHAW, HARDING and ANSTEAD, JJ., and GRIMES, Senior Justice, concur. WELLS, J., dissents.
APPENDIX
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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AMENDMENTS TO FLA. RULES OF CRIM. PROCEDURE-CAPITAL POSTCONVICTION PUB. RECORDS PROD. (TIME TOLLING). IN RE RULE OF CRIM. PROCEDURE 3.851 (COLLATERAL RELIEF AFTER DEATH SENTENCE HAS BEEN IMPOSED) & RULE 3.850 (MOTION TO VACATE, 719 So. 2d 869 (Fla. 1998)…, until June 1, 1998, the time for certain defendants to comply with rule 3.851 as well. See In re Rule of Crim. Proc. 3.851 (Collateral Relief After Death Sentence has been Imposed) and Rule 3.850 (Motion to Vacate, Set Aside, or Correct Sentence), 708 So. 2d 912 (Fla.1998).2 We tolled the time requirements of these rules in part to allow the legislature to examine and address the administrative problems currently being experienced by CCRC as well as to address the contention that additional funding is neede…
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Thomas v. McDonough, 2006 U.S. Dist. LEXIS 68770 (M.D. Fla. 2006)…one of the defendants for whom the time limit was tolled (until June 1, 1998). In Re Rule of Criminal Procedure 3.851 (Collateral Relief After Death Sentence Has Been Imposed) and Rule 3.850 (Motion to Vacate, Set Aside, or Correct Sentence), 708 So.2d 912 (Fla.1998); Ex. M. Petitioner states that, on January 26, 1998, he filed a “Motion to Clarify, Second Amended Motion for Relief and Second Amended Motion to Toll and Schedule Operation of Rule 3,852” (hereinafter Motion to Clarify) in the Suprem…
Authorities Cited
- In re Amendment TO Fla. Rules OF Crim. Procedure Cap. Postconviction Pub. Records Production-Rule 3.852, 700 So. 2d 680 (Fla. 1997)
- In re RULE OF CRIM. PROCEDURE 3.851 (COLLATERAL RELIEF AFTER DEATH SENTENCE HAS BEEN IMPOSED) & RULE 3.850 (MOTION TO VACATE, 700 So. 2d 682 (Fla. 1997)