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sunEthics |
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Florida Supreme Court amends criminal and appellate procedure rules relating to postconviction proceedings. [Added 4/21/13] After an “extensive study of Florida’s postconviction relief process” the Florida Supreme Court adopted amendments to the Florida Rules of Criminal Procedure along with conforming amendments to the Florida Rules of Appellate Procedure. Most of the amendments were proposed by the Supreme Court Criminal Court Steering Committee and the Subcommittee on Postconviction Relief. The amendments are effective July 1, 2013. Among other things, the Court rejected the proposed deletion of Fla.R.Crim.P. 3.170(l), which allows a defendant to file a motion to withdraw a guilty or nolo contendere plea within thirty days of rendition of the sentence. The Steering Committee and the Subcommittee asserted that “most motions brought under this rule are pro se and allege ineffective assistance of counsel, and as such, present issues that would be better addressed on appeal or pursuant to rule 3.850.” The Court disagreed, stating that “adjudication of a motion to withdraw the plea is preferable in the trial court and closer in time to entry of the plea.” The Court also amended Fla.R.Crim.P. 3.850 to require that the motion be made under oath and that the motion state whether the judgment resulted from a plea or a trial. Additionally, claims of newly discovered evidence must be supported by affidavits attached to the motion. A new subdivision (n) sets out a detailed “sanction mechanism to deter frivolous postconviction motions, thus protecting the courts and other litigants from abuse of the postconviction process.” In re: Amendments to the Florida Rules of Criminal Procedure and the Florida Rules of Appellate Procedure, __ So.3d __ (Fla., No. SC11-1679, 4/18/2013). |
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