Court amends rules when the state seeks the death penalty.

A criminal procedure rule setting notice standards for the defense when a state attorney intends to seek the death penalty in a capital case was recently approved by the Florida Supreme Court.

The court also approved amendments--proposed by the Criminal Procedure Rules Committee--to conform other parts of the rule with the new section and on depositions of sensitive witnesses.

The changes conform the rules to statutory changes made by the Legislature earlier this year.

"Consistent with the statutory requirements, new rule 3.181 requires the prosecutor to give the defendant notice of intent to seek the death penalty and to file the notice with the court within 45 days after arraignment. The notice must contain a list of the aggravating factors the prosecutor intends to prove," the court said in its per curiam opinion.

The court accepted amendments to conform Rules...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT