Supreme Court of Florida

In Re: Amendments to Florida Rule of Criminal Procedure 3.851 and Florida Rule of Appellate Procedure 9.142

May 5, 2022351 So. 3d 574

Summary

The Court amended Florida's capital postconviction and appellate rules to clarify that a death-sentenced defendant may waive pending postconviction proceedings but may not self-represent or discharge postconviction counsel except under the specified actual-conflict procedure. The amendments also authorize certain subsequent postconviction claims after a waiver and clarify when appellate review of a dismissal is available. The amendments took effect immediately upon issuance of the opinion.