In Re AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.851

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 jurisdiction 1 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)…