IN RE: AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.142(A). (2021)

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, 308 So.3d 544 (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 545. In so holding, we receded from Yacob v. State, 136 So. 3d 539 (Fla. 2014), and “eliminate[d] comparative proportionality review from the scope of our appellate review set forth in rule 9.142(a)(5).” 308 So.3d at 552.

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.

For the reasons expressed in my dissent in Lawrence v. State, 308 So.3d 544 (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

APPENDIX

RULE 9.142 PROCEDURE FOR REVIEW IN DEATH PENALTY CASES

(a) 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 evidenceor 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]

FOOTNOTES

1.   See Fla. R. Jud. Admin. 2.140(d).

PER CURIAM.

CANADY, C.J., and POLSTON, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur. LABARGA, J., dissents with an opinion.