In Re Amendments to Florida Rule of Criminal Procedure 3.111

This matter is before the Court for consideration sua sponte of amendments to Florida Rule of Criminal Procedure 3.111(d) (Waiver of Counsel). We have jurisdiction. See art. V, § 2(a), Fla. Const.

Background

In Indiana v. Edwards, — U.S. -, 128 S.Ct. 2379, 171 L.Ed.2d 345 (2008), the United States Supreme Court held that the Constitution permits a state to limit a defendant’s right to self-representation under Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), by insisting upon representation by counsel at trial on the ground that, though competent to stand trial, the…