2010 Florida Statutes
Time limitations and judicial review in capital postconviction actions.
Time limitations and judicial review in capital postconviction actions.—
This section shall regulate the procedures in actions for capital postconviction relief commencing after the effective date of this act unless and until such procedures are revised by rule or rules adopted by the Florida Supreme Court which specifically reference this section.
No amendment of a defendant’s capital postconviction action shall be allowed by the court after the expiration of the time periods provided by statute for the filing of capital postconviction claims.
Within 30 days after the state files its answer, the sentencing court shall conduct a hearing to determine if an evidentiary hearing is required, if a hearing has been requested by the defendant or the defendant’s capital postconviction counsel. Within 30 days thereafter, the court shall rule whether an evidentiary hearing is required and, if so, shall schedule an evidentiary hearing to be held within 90 days. If the court determines that the defendant’s capital postconviction action is legally insufficient or the action, files, and records in the case show that the defendant is not entitled to relief, the court shall, within 45 days thereafter, deny the action, setting forth a detailed rationale therefore, and attaching or referencing such portions of the record as are necessary to allow for meaningful appellate review.
Within 10 days after the order scheduling an evidentiary hearing, the defendant or the defendant’s capital postconviction counsel shall disclose the names and addresses of any potential witnesses not previously disclosed, with their affidavits or a proffer of their testimony. Upon receipt of the defendant’s disclosure, the state shall have 10 days within which to provide reciprocal disclosure. If the defendant intends to offer expert testimony of his or her mental status, the state shall be entitled to have the defendant examined by an expert of its choosing. All of the defendant’s mental status claims shall be deemed denied as a matter of law if the defendant fails to cooperate with the state’s expert. Reports provided by expert witnesses shall be disclosed by opposing counsel upon receipt.
Following the evidentiary hearing, the court shall order the transcription of the proceeding which shall be filed within 30 days. Within 30 days after receipt of the transcript, the sentencing court shall issue a final order granting or denying postconviction relief, making detailed findings of fact and conclusions of law with respect to any allegation asserted.
An appeal may be taken to the Supreme Court of Florida within 15 days from the entry of a final order on a capital postconviction action. No interlocutory appeal shall be permitted. No motion for rehearing shall be permitted. The clerk of the court shall promptly serve upon all parties a copy of the final order.
If the sentencing court has denied the capital postconviction action without an evidentiary hearing, the appeal to the Florida Supreme Court will be expeditiously resolved in a summary fashion. On appeal, the case shall be initially reviewed for a determination whether the sentencing court correctly resolved the defendant’s claims without an evidentiary hearing. If the Florida Supreme Court determines an evidentiary hearing should have been held, the decision to remand for an evidentiary hearing may be made by an order without an opinion. Jurisdiction shall be relinquished to the trial court for a specified period, which must be scheduled within 30 days and must be concluded within 90 days, for the purpose of conducting an evidentiary hearing on any issue identified by the Florida Supreme Court’s order. Thereafter, the record shall be supplemented with the hearing transcript.
The Florida Supreme Court shall render its decision within 180 days after receipt of the record on appeal. If a denial of an action for postconviction relief is affirmed, the Governor may proceed to issue a warrant for execution.
A capital postconviction action filed in violation of the time limitations provided by statute is barred, and all claims raised therein are waived. A state court shall not consider any capital postconviction action filed in violation of s. 924.056 or s. 924.057. The Attorney General shall deliver to the Governor, the President of the Senate, and the Speaker of the House of Representatives a copy of any pleading or order that alleges or adjudicates any violation of this provision.
s. 9, ch. 2000-3.