Court amends Rules of Criminal Procedure.
Several amendments to the Florida Rules of Criminal Procedure recommended by the Rules of Criminal Procedure Committee have been adopted by the Florida Supreme Court.
The changes add rules for questioning of jurors after a trial to clarifying speedy trial rules to setting procedures when a capital defendant refuses to present mitigation in the sentencing phase.
The court acted in Amendments to the Florida Rules of Criminal Procedure, case no. SC04-100. The court was considering the biennial rule changes proposed by the committee, and by its own motion added a separate filing affecting Rule 3,800 on correction, reduction, or modification of a sentence.
The justices approved most of the committee's recommended changes with some modifications. They, however, rejected an amendment to Rule 3.180 (presence of a defendant).
The changes include:
* Adding a new subdivision to Rule 1.150, similar to a federal rule, which sets a procedure for a trial court to inquire when more than one defendant is represented by a single attorney.
* Clarifying language in Rule 3.191(a) on speedy trials and specifying that time periods under the subdivision run from the day of arrest.
* Adding new Rule 3.575, which sets out a procedure for interviewing jurors after a trial is over. The opinion noted there is such a procedure in civil rules, but for criminal cases lawyers rely on Rule Regulating The Florida Bar 4-3.5(d)(4). The court included a comment that the new procedural rule is not intended to conflict with the Bar rule.
* Adding a new provision to Rule 3.710 setting out a procedure when a capital defendant refuses to provide mitigating evidence in the sentencing phase. In those cases, the court will have the Department of Corrections prepare a presentencing report.
* Amending Rule 3.800 so a party can file for a rehearing of any order within 15 days of the date of service of the order or within 15 days of the expiration of the time for filing an order, if no order is filed. The change eliminates a glitch that led to some such appeals being...
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