In Re: Amendments to Florida Rule of Appellate Procedure 9.142 (a)
Annotate this Case
Download PDF
Supreme Court of Florida ____________ No. SC20-1653 ____________ IN RE: AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.142(a). January 14, 2021 PER CURIAM. The Court, on its own motion,1 amends Florida Rule of Appellate Procedure 9.142(a) (Procedure in Death Penalty Appeals) to remove reference to comparative proportionality review. See art. V, § 2(a), Fla. Const. In Lawrence v. State, 45 Fla. L. Weekly S277 (Fla. Oct. 29, 2020), this Court held that the Florida Constitution’s conformity clause “forbids this Court from analyzing death sentences for comparative proportionality in the absence of a statute establishing that review.” Id. at S277. In so holding, we receded from Yacob v. State, 136 So. 3d 539 (Fla. 2014), and “eliminate[d] comparative 1. See Fla. R. Jud. Admin. 2.140(d). proportionality review from the scope of our appellate review set forth in rule 9.142(a)(5).” 45 Fla. L. Weekly at S279. Accordingly, consistent with our decision in Lawrence, rule 9.142(a) is amended as reflected in the appendix to this opinion. Deletions are indicated by struck-through type. The amendment shall become effective immediately upon the release of this opinion. It is so ordered. CANADY, C.J., and POLSTON, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur. LABARGA, J., dissents with an opinion. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THIS AMENDMENT. LABARGA, J., dissenting. For the reasons expressed in my dissent in Lawrence v. State, 45 Fla. L. Weekly S277 (Fla. Oct. 29, 2020), I dissent to the removal of proportionality review from the rule governing our procedure in death penalty appeals. Original Proceeding – Florida Rules of Appellate Procedure -2- APPENDIX RULE 9.142 (a) PROCEDURE FOR REVIEW IN DEATH PENALTY CASES Procedure in Death Penalty Appeals. (1) – (4) [No Change] (5) Scope of Review. On direct appeal 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) – (d) [No Change] -3-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
