In re Amendments to Florida Rules of Appellate Procedure-Rule 9.141 & Rule 9.142

Summary

The Florida Supreme Court adopts amendments to Florida Rules of Appellate Procedure 9.141 and 9.142. The amendments revise the deadline for petitions alleging ineffective assistance of appellate counsel in noncapital cases and establish procedures for reviewing orders dismissing capital postconviction proceedings and discharging collateral counsel. The amendments took effect immediately upon release of the opinion.

Holdings

1. The Court adopted an amendment to Florida Rule of Appellate Procedure 9.141(c)(4)(B) providing that, in noncapital cases, the two-year period for filing a petition alleging ineffective assistance of appellate counsel on direct review begins when the judgment and sentence become final on direct review, rather than when the conviction alone becomes final.
2. The Court adopted new Florida Rule of Appellate Procedure 9.142(c), establishing an expedited procedure for review of capital-case orders dismissing postconviction proceedings and discharging collateral counsel, including specified deadlines for notice, transcription, transmission of the record, and briefing.
3. The Court adopted the amendments to Florida Rules of Appellate Procedure 9.141 and 9.142 and made them effective immediately upon release of the opinion.

Questions Presented

1. Whether Florida Rule of Appellate Procedure 9.141(c)(4)(B) should be amended so that the two-year period for filing a noncapital ineffective-assistance-of-appellate-counsel petition begins when both the judgment and sentence become final on direct review.
2. Whether Florida Rule of Appellate Procedure 9.142 should be amended to establish an expedited procedure for Supreme Court review of capital postconviction orders dismissing proceedings and discharging collateral counsel.
3. Whether the proposed amendments should be adopted and made effective immediately.

Disposition

approved