Post-Conviction Relief and Death Penalty Procedure Flashcards
What is the time period within which a court may reduce or modify a sentence?
Within 60 days of imposition of sentence or within 60 days of final action by the last reviewing court.
The power to reduce or modify a sentence is not applicable to cases in which:
the death penalty was imposed or in cases in which the trial court had no sentencing discretion (i.e., the sentence imposed was the mandatory minimum)
Modification of a sentence may not:
increase the original sentence
There is no entitlement to appointment of counsel for preparation and submission of a motion for:
post-conviction relief.
A party making a motion for post-conviction relief may do so under a claim of:
1) ineffective assistance of counsel;
2) the judgment was entered or the sentence imposed in violation of the Constitution or laws in the U.S. or Florida;
3) the court did not have jurisdiction to enter the judgment
4) the court did not have jurisdiction to impose the sentence;
5) the sentence exceeded the maximum authority by law;
6) the plea was involuntary; or
7) the judgment or sentence is otherwise amenable to collateral attack
A post-conviction motion must include:
1) a copy of the judgment or sentence under attack and identify the court that rendered that judgment or sentence;
2) state whether there was a direct appeal from the judgment or sentence and, if so, the result of that appeal;
3) state whether any previous motions for post-conviction relief were filed;
4) if previous post-conviction motions were filed, explain why the claims raised in the current motion were not raised in those prior motions;
5) identify the relief sought; and
6) include a statement of the facts and grounds supporting the motion.
Time limits for post-conviction relief:
1) Capital case where death penalty was imposed: one year
2) Non-capital case: within 2 years
Exceptions to the time limitations for post-conviction relief motions:
1) the facts on which the claim is based were unknown to the movant (or his attorney) and could not have been ascertained by the exercise of due diligence;
2) the fundamental constitutional right in question was not established within the one-or two-year time period but has been held to apply retroactively; or
3) the movant retained counsel to file a timely motion, but counsel, through neglect, failed to file the motion
Is defendant entitled to counsel during adjudication of a post-conviction motion?
No
If defendant’s motion, taken together with court records and files, does not conclusively demonstrate the movant’s non-entitlement to relief the court should:
direct the prosecution to file a responsive pleading
If the motion, together with the court records and files, conclusively demonstrates that the movant is entitled to no relief, the court should:
deny the motion. If the denial is based on something other than the facial insufficiency of the motion the court should append to its order of denial some excerpt from the transcripts, court records, or the like, justifying the denial.
Is Florida a death penalty state?
Yes, only for first-degree murder.
Florida law requires a bifurcated proceeding in death penalty cases, which requires:
1) The first part, the trial phase, like any criminal conviction, requires that the state present evidence to prove the defendant’s guilt beyond a reasonable doubt.
2) The second part, the penalty phase, requires the trial jury to weigh aggravating circumstances presented by the state against mitigating circumstances presented by the defense.
During the sentencing phase of a death penalty case, the jury may consider:
evidence not admissible in the trial phase, such as the background and criminal record of the defendant
What are the legal recommendations the jury may make for death penalty cases?
1) Death or
2) Life imprisonment without possibility of parole
The trial judge may accept or reject the recommendation
