In Re Amendments to the Florida Rules of Criminal Procedure and T — Pariente, J., Concurring in Part and Dissenting…

Summary

Justice Pariente concurs in part and dissents in part from amendments governing Florida postconviction proceedings. She objects principally to the new one-year limit and restrictive procedure for correcting jail-credit errors, agrees with requiring affidavits for newly discovered evidence claims but urges liberal treatment of explanations for missing affidavits, and understands the amended subdivisions of rule 3.850 to codify rather than change existing law. She also advocates standard forms, electronic filing, accurate sentencing-day credit calculations, and technological improvements to manage postconviction filings while preserving access to relief. Justice Canady, concurring in part and dissenting in part, would have deleted rule 3.170(1) and addressed those issues through rule 3.850 proceedings.