Supreme Court of Florida

In Re Amendments to the Florida Rules of Criminal Procedure — Polston, J., Concurring

October 29, 2015185 So. 3d 1169

Summary

Justice Polston concurs with the majority’s adoption of the 2015 amendments to Florida Rule 3.800 and related rules, but dissents from the majority’s refusal to incorporate the Criminal Court Steering Committee’s proposed language expanding the dismissal of successive motions. He emphasizes that the amendment does not eliminate the “manifest injustice” exception recognized in State v. McBride. The opinion therefore affirms the rule changes while urging additional clarification.