Supreme Court of Florida _ No. SC16-970 _ INQUIRY CONCERNING A JUDGE NO. 15-594 RE: GREGORY HOLDER [July 7, 2016] PER CURIAM. This case is before us to review the findings, conclusions, and recommendation of the Judicial Qualifications Commission (JQC) concerning Thirteenth Judicial Circuit Judge Gregory Holder and the stipulation entered into between Judge Holder and the JQC. We have jurisdiction. See art. V, § 12, Fla. Const. We approve the parties’ stipulation to allegations that Judge...
Supreme Court of Florida _ No. SC16-782 _ IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT 2016-03. [October 27, 2016] PER CURIAM. The Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee) has submitted proposed changes to the standard jury instructions and asks that the Court authorize the amended standard instructions for publication and use. We have jurisdiction. See art. V, § 2(a), Fla. Const. The Committee proposes amending the following existing...
Supreme Court of Florida _ No. SC16-737 _ IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT NO. 2016-02. [August 25, 2016] PER CURIAM. The Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee) has submitted proposed changes to the standard jury instructions and asks that the Court authorize the new and amended standard instructions for publication and use. We have jurisdiction. See art. V, § 2(a), Fla. Const. The Committee proposes amending the following...
Supreme Court of Florida _ No. SC16-640 _ IN RE: AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE. [November 23, 2016] PER CURIAM. This matter is before the Court for consideration of proposed amendments to the Florida Rules of Criminal Procedure. We have jurisdiction. See art. V, § 2(a), Fla. Const. The Criminal Court Steering Committee (Steering Committee) has filed a petition proposing amendments to Florida Rules of Criminal Procedure 3.800 (Correction, Reduction, and Modification of...
Supreme Court of Florida _ No. SC16-63 _ IN RE: AMENDMENTS TO THE CODE OF JUDICIAL CONDUCT— SENIOR JUDGES SERVING AS VOLUNTARY TRIAL RESOLUTION JUDGES AND ARBITRATORS. [July 7, 2016] PER CURIAM. The Court, on its own motion, amends the Code of Judicial Conduct (Code) to prohibit a senior judge from serving as a voluntary trial resolution judge in any case in a circuit in which the senior judge is presiding as a judge.1 As recommended by the Executive Council of the Alternative Dispute...
Supreme Court of Florida _ No. SC16-574 _ IN RE: AMENDMENTS TO RULES REGULATING THE FLORIDA BAR 4-1.1 AND 6-10.3. [September 29, 2016] PER CURIAM. This matter is before the Court on the petition of The Florida Bar (Bar) proposing amendments to the Rules Regulating the Florida Bar (Bar Rules). See R. Regulating Fla. Bar 1-12.1. We have jurisdiction. See art. V, § 15, Fla. Const. The Bar’s petition in this case proposes amendments to two Bar Rules: 4-1.1 (Competence) and 6-10.3 (Minimum...
Supreme Court of Florida _ No. SC16-548 _ INQUIRY CONCERNING A JUDGE, NO. 15-530 RE: JERRI COLLINS. [July 7, 2016] PER CURIAM. In this case, we review the revised consent judgment entered into by the Florida Judicial Qualifications Commission (JQC) and Seminole County Judge Jerri Collins. The revised consent judgment imposed the following sanctions on Judge Collins: a public reprimand before this Court, completion of an anger management course, and attendance at the domestic violence course...
Supreme Court of Florida _ No. SC16-547 _ LARRY DARNELL PERRY, Petitioner, vs. STATE OF FLORIDA, Respondent. [October 14, 2016] PER CURIAM. The issue before this Court is whether the newly enacted death penalty law, passed after the United States Supreme Court held a portion of Florida’s capital sentencing scheme unconstitutional in Hurst v. Florida, 136 S. Ct. 616 (2016) (“Hurst v. Florida”), may be constitutionally applied to pending prosecutions for capital offenses that occurred prior to...
Supreme Court of Florida _ No. SC16-529 _ IN RE: AMENDMENTS TO FLORIDA RULES OF JUDICIAL ADMINISTRATION 2.516 AND 2.525. [April 14, 2016] PER CURIAM. Before the Court are time-sensitive, out-of-cycle amendments to Florida Rules of Judicial Administration 2.516 (Service of Pleadings and Documents) and Rule 2.525 (Electronic Filing) proposed by The Florida Bar’s Rules of Judicial Administration Committee (Committee).1 We have jurisdiction2 and adopt the amendments as proposed using the Court’s “...
Supreme Court of Florida _ No. SC16-330 _ IN RE: AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.535. [March 24, 2016] PER CURIAM. This Court, on its own motion, amends Florida Rule of Judicial Administration 2.535(i) (Court Reporting Services in Capital Cases) to ensure the accuracy of transcripts by clarifying that the rule requires the use of a live court reporter in all trials in which the state seeks the death penalty and in all capital postconviction proceedings. See Fla. R. Jud....
Supreme Court of Florida _ No. SC16-223 _ MARK JAMES ASAY, Appellant, vs. STATE OF FLORIDA, Appellee. _ No. SC16-102 _ MARK JAMES ASAY, Petitioner, vs. JULIE L. JONES, etc., Respondent. _ No. SC16-628 _ MARK JAMES ASAY, Petitioner, vs. JULIE L. JONES, etc., Respondent. [December 22, 2016] PER CURIAM. Mark James Asay, a prisoner under sentence of death for whom a warrant has been signed,1 appeals from the summary denial of his second successive postconviction motion. Asay has also filed two...
Supreme Court of Florida _ No. SC16-2127 _ IN RE: CERTIFICATION OF NEED FOR ADDITIONAL JUDGES. [December 15, 2016] PER CURIAM. This opinion fulfills our constitutional obligation to determine the State’s need for additional judges in fiscal year 2017/2018 and to certify our “findings and recommendations concerning such need” to the Legislature.1 Certification is “the sole mechanism established by our constitution for a systematic and uniform 1. Article V, section 9, of the Florida Constitution...
Supreme Court of Florida _ No. SC16-170 _ IN RE: AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.240. [April 21, 2016] PER CURIAM. We have for consideration amendments to Florida Rule of Judicial Administration 2.240(b)(2)(B) (Determination of Need for Additional Judges; District Courts of Appeal) proposed by the Commission on District Court of Appeal Performance and Accountability (Commission).1 We adopt the amendments as proposed and allow for comments from interested persons...
Supreme Court of Florida _ No. SC16-168 _ IN RE: AMENDMENTS TO THE FLORIDA PROBATE RULES. [September 1, 2016] PER CURIAM. We have for consideration the regular-cycle report of proposed amendments to the Florida Probate Rules (Rules), filed by the Florida Probate Rules Committee (Committee). See Fla. R. Jud. Admin 2.140(b). We have jurisdiction. See art. V, § 2(a), Fla. Const. BACKGROUND The Committee proposes amendments to rules: 5.040 (Notice); 5.041 (Service of Pleadings and Documents); 5.042...
Supreme Court of Florida _ No. SC16-166 _ IN RE: AMENDMENTS TO THE FLORIDA SMALL CLAIMS RULES. [September 8, 2016] PER CURIAM. This matter is before the Court for consideration of proposed amendments to the Florida Small Claims Rules. We have jurisdiction. See art. V, § 2(a), Fla. Const. BACKGROUND The Florida Bar’s Small Claims Rules Committee (Committee) has filed its regular-cycle report proposing amendments to the Florida Small Claims Rules (Small Claims Rules). See Fla. R. Jud. Admin. 2....
Supreme Court of Florida _ No. SC16-155 _ IN RE: AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE. [September 1, 2016] PER CURIAM. This matter is before the Court for consideration of proposed amendments to the Florida Rules of Civil Procedure. We have jurisdiction. See art. V, § 2(a), Fla. Const. The Civil Procedure Rules Committee (Committee) has filed its regular- cycle report of proposed rule and form amendments. See Fla. R. Jud. Admin. 2.140(b). The Committee proposes amending existing...
Supreme Court of Florida _ No. SC16-1518 _ JAMES BARRY WRIGHT, Petitioner, vs. CITY OF MIAMI GARDENS, etc., et al., Respondents. [September 15, 2016] LEWIS, J. This case is before the Court on a certified question of great public importance for review of the decision of the Third District Court of Appeal in Wright v. City of Miami Gardens, No. 3D16-1804, 41 Fla. L. Weekly D1907, 2016 WL 4376766 (Fla. 3d DCA Aug. 17, 2016). In February 2016, James Barry Wright properly opened a campaign account...
Supreme Court of Florida _ No. SC16-1454 _ IN RE: AMENDMENTS TO THE FLORIDA PROBATE RULES. [September 15, 2016] PER CURIAM. In response to recent legislation, The Florida Bar’s Probate Rules Committee (Committee) has filed an out-of-cycle, fast-track report proposing amendments to the Florida Probate Rules.1 See Fla. R. Jud. Admin. 2.140(e). After considering the proposals and reviewing the relevant legislation, we adopt the amendments as proposed by the Committee. Rules 5.050 (Transfer of...
Supreme Court of Florida _ No. SC16-1453 _ IN RE: AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE. [September 15, 2016] CORRECTED OPINION PER CURIAM. In response to recent legislation, The Florida Bar’s Criminal Procedure Rules Committee (Committee) has filed an out-of-cycle, fast-track report proposing amendments to the Florida Rules of Criminal Procedure. See Fla. R. Jud. Admin. 2.140(e). We have jurisdiction. See art. V, § 2(a), Fla. Const. The Committee proposes new rule 3.181 (Notice...
Supreme Court of Florida _ No. SC16-1453 _ IN RE: AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE. [September 15, 2016] PER CURIAM. In response to recent legislation, The Florida Bar’s Criminal Procedure Rules Committee (Committee) has filed an out-of-cycle, fast-track report proposing amendments to the Florida Rules of Criminal Procedure. See Fla. R. Jud. Admin. 2.140(e). We have jurisdiction. See art. V, § 2(a), Fla. Const. The Committee proposes new rule 3.181 (Notice to Seek Death...
