(a) Procedure in Death Penalty Appeals.
(1) Record. When the notice of appeal is filed in
the supreme court, the chief justice will direct the appropriate
chief judge of the circuit court to monitor the
preparation of the complete record for timely filing in
the supreme court.
(2) Briefs; Transcripts. After the record is filed,
the clerk will promptly establish a briefing schedule allowing
the defendant 60 days from the date the record
is filed, the state 45 days from the date the defendant's
brief is served, and the defendant 30 days from the date
the state's brief is served to serve their respective briefs.
On appeals from orders ruling on applications for relief
under Florida Rule of Criminal Procedure 3.851 or
3.853, and on resentencing matters, the schedules set
forth in rule 9.140(g) will control. In addition to filing
paper copies of transcripts, the court reporter shall file
with the clerk of the lower tribunal, on clearly labeled
computer disks in a format approved by the supreme
court, sufficient copies of these transcripts for the clerk
of the lower tribunal to include the disks in the record
transmitted to the court and to the parties.
(3) Sanctions. If any brief is delinquent, an order
to show cause may issue under Florida Rule of Criminal
Procedure 3.840, and sanctions may be imposed.
(4) Oral Argument. Oral argument will be scheduled
after the filing of the defendant's reply brief.
(5) Petitions for Extraordinary Relief. In death
penalty cases, all petitions for extraordinary relief over
which the supreme court has original jurisdiction, including
petitions for writ of habeas corpus, shall be filed
simultaneously with the initial brief in the appeal from the
lower tribunal's order on the defendant's application for
relief under Florida Rule of Criminal Procedure 3.851.
(6) Scope of Review. In death penalty cases,
whether or not insufficiency of the evidence or proportionality
is an issue presented for review, the court shall
review these issues and, if necessary, remand for the
appropriate relief.
(b) Petition Seeking Review of Nonfinal Orders in
Death Penalty Postconviction Proceedings.
(1) Applicability. This rule applies to proceedings
that invoke the jurisdiction of the supreme court for
review of nonfinal orders issued in postconviction
proceedings
following the imposition of the death penalty.
(2) Treatment as Original Proceedings. Review
proceedings under this subdivision shall be treated as
original proceedings under rule 9.100 unless modified
by this subdivision.
(3) Commencement; Parties.
(A) Jurisdiction of the supreme court shall be invoked
by filing a petition with the clerk of the supreme
court within 30 days of rendition of the nonfinal order
to be reviewed. A copy of the petition shall be served
on the opposing party and furnished to the judge who
issued the order to be reviewed.
(B) Either party to the death penalty postconviction
proceedings may seek review under this rule.
(4) Contents. The petition shall be in the form
prescribed by rule 9.100, and shall contain
(A) the basis for invoking the jurisdiction of the
court;
(B) the date and nature of the order sought to be
reviewed;
(C) the name of the lower tribunal rendering the
order;
(D) the name, disposition, and dates of all previous
trial, appellate, and postconviction proceedings relating
to the conviction and death sentence that are the
subject of the proceedings in which the order sought to
be reviewed was entered;
(E) the facts on which the petitioner relies, with
references to the appropriate pages of the supporting
appendix;
(F) argument in support of the petition, including
an explanation of why the order departs from the
essential requirements of law and how the order may
cause material injury for which there is no adequate
remedy on appeal, and appropriate citations of authority;
and
(G) the nature of the relief sought.
(5) Appendix. The petition shall be accompanied
by an appendix, as prescribed by rule 9.220, which
shall contain the portions of the record necessary for a
determination of the issues presented.
(6) Order to Show Cause. If the petition demonstrates
a preliminary basis for relief or a departure
from the essential requirements of law that may cause
material injury for which there is no adequate remedy
by appeal, the court may issue an order directing the
respondent to show cause, within the time set by the
court, why relief should not be granted.
(7) Response. No response shall be permitted unless
ordered by the court.
(8) Reply. Within 20 days after service of the response
or such other time set by the court, the petitioner
may serve a reply, which shall not exceed 15 pages in
length, and supplemental appendix.
(9) Stay.
(A) A stay of proceedings under this rule is not
automatic; the party seeking a stay must petition the
supreme court for a stay of proceedings.
(B) During the pendency of a review of a nonfinal
order, unless a stay is granted by the supreme court, the
lower tribunal may proceed with all matters, except that
the lower tribunal may not render a final order disposing
of the cause pending review of the nonfinal order.
(10) Other pleadings. The parties shall not file
any other pleadings, motions, replies, or miscellaneous
papers without leave of court.
(11) Time Limitations. Seeking review under
this rule shall not extend the time limitations in rule
3.851 or 3.852.
(c) Review of Dismissal of Postconviction Proceedings
and Discharge of Counsel in Florida Rule of
Criminal Procedure 3.851(i) Cases.
(1) Applicability. This rule applies when the circuit
court enters an order dismissing postconviction
proceedings and discharging counsel under Florida
Rule of Criminal Procedure 3.851(i).
(2) Procedure Following Rendition of Order of
Dismissal and Discharge.
(A) Notice to Court. Within 10 days of the
rendition of an order granting a prisoner's motion to
discharge counsel and dismiss the motion for postconviction
relief, discharged counsel shall file with the
clerk of the circuit court 2 copies of a notice seeking
review in the supreme court.
(B) Transcription. The circuit judge presiding
over any hearing on a motion to dismiss and discharge
counsel shall order a transcript of the hearing to be
prepared and filed with the clerk of the circuit court no
later than 25 days from rendition of the final order.
(C) Record. Within 30 days of the granting of
a motion to dismiss and discharge counsel. the clerk
of the circuit court shall forward a copy of the motion,
order, and transcripts of all hearings held on the motion
to the clerk of the supreme court.
(D) Proceedings in Supreme Court. Within 20
days of the filing of the record in the supreme court, discharged
counsel shall serve an initial brief. Both the state
and the prisoner may serve responsive briefs. All briefs
must be served and filed as prescribed by rule 9.210.
(d) Petitions Seeking Belated Appeal. A petition
for belated appeal shall not be filed more than 1 year
after the expiration of time for filing the notice of appeal
from a final order denying rule 3.851 relief, unless
it alleges under oath with a specific factual basis that
the petioner
(1) was unaware an appeal had not been timely
filed or was not advised of the right to an appeal; and
(2) should not have ascertained such facts by the
exercise of reasonable diligence.
