924.058 Capital postconviction claims. - Florida Statutes

924.058 Capital postconviction claims.

This section shall regulate the procedures in actions for capital postconviction relief commencing after the effective date of this act unless and until such procedures are revised by rule or rules adopted by the Florida Supreme Court which specifically reference this section.

   (1) The defendant or the defendant’s capital postconviction counsel shall not file more than one capital postconviction action in the sentencing court, one appeal therefrom in the Florida Supreme Court, and one original capital postconviction action alleging the ineffectiveness of direct appeal counsel in the Florida Supreme Court, except as expressly allowed by s. 924.056(5).

   (2) The defendant’s postconviction action shall be filed under oath and shall be fully pled to include:

   (a) The judgment or sentence under attack and the court which rendered the same;

   (b) A statement of each issue raised on appeal and the disposition thereof;

   (c) Whether a previous postconviction action has been filed and, if so, the disposition of all previous claims raised in postconviction litigation; if a previous action or actions have been filed, the reason or reasons the claim or claims in the present motion were not raised in the former action or actions;

   (d) The nature of the relief sought;

   (e) A fully detailed allegation of the factual basis for any claim of legal or constitutional error asserted, including the attachment of any document supporting the claim, the name and address of any witness, the attachment of affidavits of the witnesses or a proffer of the testimony; and

   (f) A concise memorandum of applicable case law as to each claim asserted.

   (3) Any capital postconviction action that does not comply with any requirement in this section or other applicable provision in law shall not be considered in any state court. No amendment of a defendant’s capital postconviction action shall be allowed by the court after the expiration of the time limitation provided by statute for the commencement of capital postconviction actions.

   (4) The prosecuting attorney or Attorney General shall be allowed to file one response to any capital postconviction action within 60 days after receipt of the defendant’s fully pled capital postconviction action.

History. s. 8, ch. 2000-3.