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.