IN RE AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.851
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The Florida Supreme Court adopted an amendment to Florida Rule of Criminal Procedure 3.851(g)(2) to eliminate the requirement that capital postconviction motions be accompanied by a signed oath from the defendant, making the rule consistent with a prior amendment to subdivision (e)(1).
The Court amended rule 3.851(g)(2) by deleting the requirement for a signed oath by the defendant that must accompany a motion filed under the rule, making it consistent with the prior amendment to subdivision (e)(1) that eliminated the oath requirement for capital postconviction motions.
[1] Florida Rule of Criminal Procedure 3.851(g)(2) is amended to remove the requirement for a defendant's signed oath when filing a motion for competency determination in cap…
[2] A motion for competency determination in capital collateral proceedings may be filed by collateral counsel accompanied by a certificate of counsel.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“eliminate[d] the requirement that capital postconviction motions be filed under oath”
Describes the prior amendment to subdivision (e)(1) that prompted the current rule change
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Join FLexlaw to unlock all legal intelligenceThe Capital Postconviction Proceedings Subcommittee proposed an amendment to rule 3.851 to conform subdivision (g)(2) with a previous amendment to sub…
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This matter is before the Court for consideration of an amendment to Florida Rule of Criminal Procedure 3.851 (Collateral Relief After Death Sentence has Been Imposed and Affirmed on Direct Appeal) proposed by the Capital Postconviction Proceedings Subcommittee of the Criminal Court Steering Committee (Subcommittee). We have jurisdiction1 and amend rule 3.851 as proposed.
The Subcommittee asks the Court to amend subdivision (g)(2) (Incompetence to Proceed in Capital Collateral Proceedings) of rule 3.851 consistent with the amendment to subdivision (e)(1) (Contents of Motion; Initial Motion) of the rule recently adopted in In re Amendments to Florida Rules of Judicial Administration; Florida Rules of Criminal Procedure; & Florida Rules of Appellate Procedure—Capital Postconviction Rules, 148 So.3d 1171 (Fla.2014). The amendment to subdivision (e)(1) “eliminate[d] the requirement that capital postconviction motions be filed under oath.” See id. at 1175. Consistent with the amendment to subdivision (e)(1), we remove the reference to the “signed oath by the defendant that otherwise must accompany a motion filed under [rule 3.851]” in subdivision (g)(2) by deleting the last sentence of that subdivision.
Accordingly, we amend Florida Rule of Criminal Procedure 3.851 as set forth in the appendix to this opinion. The deletion is indicated by struck-through type. The amendment shall become effective immediately upon the release of this opinion. Because the amendment was not published for comment prior to its adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.2
It is so ordered.
*1037LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.
APPENDIX
RULE 8.851. COLLATERAL RELIEF AFTER DEATH SENTENCE HAS BEEN IMPOSED AND AFFIRMED ON DIRECT APPEAL
(a)-(f) [No change]
(g) Incompetence to Proceed in Capital Collateral Proceedings.
(1) [No change]
(2) Collateral counsel may file a motion for competency determination and an accompanying certificate of counsel that the motion is made in good faith and on reasonable grounds to believe that the death-sentenced defendant is incompetent to proceed. The-motion — and- certificate shall replace the signed oath by the defendant that otherwise must accompany a motion filed-under-this-ruleT
(3)-(13) [No change]
(h)-(j) [No Change]
Court Commentary
[No change]
Criminal Court Steering Committee Commentary
[No change]
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hernandez-Alberto v. Sec'y, Fla. Dep't OF Corr., Attorney Gen., State of Fla., 840 F.3d 1360 (11th Cir. 2016)…y merely certify that the motion was filed in good faith. See In re Amendments to the Florida Capital Postconviction Rules, 148 So. 3d 1171, 1175, 1182 (Fla. 2014) (per curiam); see also In re Amendments to Florida Rule of Criminal Procedure 3.851, 156 So. 3d 1036, 1036-37 (Fla. 2015) (per curiam). Nevertheless, because Hernandez-Alberto’s post-conviction proceedings occurred before these changes, all references to Rule 3.851 in this opinion concern the prior version of the rule. . Faretta v. California, 4…
Authorities Cited
- In re Amendments to the Florida Rules of Judicial Administration, 148 So. 3d 1171 (Fla. 2014)