Notice: Proposed criminal procedure rule

first_imgThe Florida Bar Criminal Procedure Rules Committee has filed with the Florida Supreme Court an emergency petition proposing new Florida Rule of Criminal Procedure 3.203 (Defendant’s Mental Retardation as a Bar to the Imposition of Death Sentence) and proposing amendments to Florida Rule of Criminal Procedure 3.704 (The Criminal Punishment Code). Rule 3.203 is necessary due to 2001 legislation that created section 921.137, Florida Statutes (2001), which provides a new defense and prohibits the imposition of the death penalty on a mentally retarded defendant. See ch. 2001-202, Laws of Fla. The new rule would provide procedures and guidance for defendants, the State of Florida, and the trial courts. The proposed amendments to rule 3.704 are to make the rule consistent with the legislative amendments to section 921.0021, Florida Statutes (2001), made in ch. 2001-210, Laws of Fla. The amendments to rule 3.704 would expand the consideration of a juvenile offender’s prior offenses to include five years of prior offenses, rather than the current three-year period.The court invites all interested persons to comment on the committee’s proposed amendments, which are reproduced in full below, as well as online at www.flcourts.org/sct/sctdocs/proposed.html. An original and seven copies of all comments must be filed with the court on or before August 1, with a certificate of service verifying that a copy has been served on the committee chair, Raymond J. Rafool, II, P.O. Box 7286, Winter Haven 33883-7286, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. IN THE SUPREME COURT OF FLORIDA AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, CASE NO. SC02-1230 RULE 3.203. DEFENDANT’S MENTAL RETARDATION AS A BAR TO IMPOSITION OF DEATH SENTENCE (a) Notice of Intent to Raise Mental Retardation as Bar to Imposition of Death Sentence; Time for Filing; Contents. A defendant who intends to raise mental retardation as a bar to the imposition of a death sentence shall give written notice to the prosecutor not less than 20 days before trial or at such other time as ordered by the court. The notice shall contain the names and addresses of any experts whom the defendant may call to testify at a hearing to determine mental retardation. (b) Motion for Determination of Mental Retardation; Time for Filing After Recommendation of Death. A defendant who has given timely notice under subdivision (a) of this rule may file a motion for determination of mental retardation within 10 days after an advisory jury has recommended a death sentence. (c) Motion for Determination of Mental Retardation; Time for Filing After Recommendation of Life. The prosecutor shall notify the defendant, within 10 days after an advisory jury has returned a recommended sentence of life, if the state intends to seek a sentence of death. A defendant who has given timely notice under subdivision (a) of this rule may file a motion for determination of mental retardation within 10 days after receiving notice that the state intends to seek a death sentence. (d) Motion for Determination of Mental Retardation; Time for Filing After Waiver of Advisory Jury Recommendation. A defendant who waives the right to a penalty phase jury may file a motion for determination of mental retardation no later than 10 days after completion of the penalty phase hearing. (e) Appointment of Experts; Time of Examination. The court shall appoint 2 experts in the field of mental retardation upon the receipt of the motion for determination of mental retardation. The experts shall evaluate the defendant and provide to the court and the parties a written report of their findings. The reports shall be provided a reasonable time prior to the final sentencing hearing. Attorneys for the state and defendant may be present at the examinations. (f) Defendant’s Refusal to Cooperate. If the defendant refuses to be examined by or fully cooperate with the court-appointed experts, the court may, in its discretion: (1) order the defense to allow the court-appointed experts to review all mental health reports, tests, and evaluations by the defendant’s expert; or (2) prohibit defense experts from testifying concerning any tests, evaluations, or examinations of the defendant regarding the defendant’s mental retardation. (g) Hearing on Motion to Determine Mental Retardation. At the hearing on the motion, the court shall consider the findings of the court-appointed experts, the findings of any other expert offered by the state or the defense, and all other evidence on the issue of whether the defendant has mental retardation. If the court finds, by clear and convincing evidence, that the defendant has mental retardation as defined in section 921.137, Florida Statutes (2001), the court may not impose a sentence of death. The court shall enter a written order that sets forth with specificity the findings in support of the court’s determination. RULE 3.704. THE CRIMINAL PUNISHMENT CODE (a) – (c) (no change) (d) General Rules and Definitions. (1) – (13) (no change) (14) “Prior record” refers to any conviction for an offense committed by the offender prior to the commission of the primary offense. Prior record includes convictions for offenses committed by the offender as an adult or as a juvenile, convictions by federal, out of state, military, or foreign courts and convictions for violations of county or municipal ordinances that incorporate by reference a penalty under state law. Federal, out of state, military or foreign convictions are scored at the severity level at which the analogous or parallel Florida crime is located. (A) (no change) (B) Juvenile dispositions of offenses committed by the offender within 5 3 years prior to the date of the commission of the primary offense must be scored as prior record if the offense would have been a crime if committed by an adult. Juvenile dispositions of sexual offenses committed by the offender more than 5 3 years prior to the date of the primary offense must be scored as prior record if the offender has not maintained a conviction-free record, either as an adult or as a juvenile, for a period of 5 3 consecutive years from the most recent date of release from confinement, supervision, or sanction, whichever is later, to the date of commission of the primary offense. (C) – (E) (no change) (15) – (28) (no change) Committee Notes The terms must and shall, as used in this rule, are mandatory and not permissive. 2001 Amendment. 3.704(d)(14)(B). The definition of “prior record” was amended to include juvenile dispositions of offenses committed within 5 years prior to the date of the commission of the primary offense. “Prior record” was previously defined to include juvenile disposition of offenses committed within 3 years prior to the date of the commission of the primary offense. This amendment reflects the legislative change to section 921.0021, Florida Statutes, effective July 1, 2001. This new definition of prior record applies to primary offenses committed on or after July 1, 2001. Notice: Proposed criminal procedure rule Notice: Proposed criminal procedure rulecenter_img July 1, 2002 Noticeslast_img read more

Argentina must lift game for ‘genius’ Messi against France

first_imgThe 31-year-old Barcelona great was then virtually invisible during a chastening 3-0 defeat to Croatia that exposed weaknesses in Argentina’s defence and a lack of potency in attack.It took a great touch of control, following a superb pass from teammate Ever Banega, for Messi to finally open his account in Russia in the 2-1 win over Nigeria only sealed by Marcos Rojo’s 86th minute volley.Despite Messi’s problems in the tournament, under-fire Sampaoli suggested his teammates had to give “the best player on earth” as much help as possible.“Leo has such clear vision when it comes to football that he allows us to see things that, sometimes, only a true genius sees,” said Sampaoli.“It’s often difficult to be at the level of such a great player. He’s a shining light for us all, and we have to do our very best to all try to be at his level.”Sevilla midfielder Banega claimed Messi has now hit his stride.“It’s only normal – he wasn’t relaxed, we didn’t start the tournament as well as we should have.“Now, I see him a lot more comfortable now. He helped us win, and that makes a big difference.”But with Portuguese rival Cristiano Ronaldo racing ahead in the scoring charts on four goals so far, and England’s Harry Kane on five goals in just two matches, Messi risks finishing this World Cup with a whimper.France’s team, whose average age is 25, will be looking to awake from their recent slumber and Sampaoli, whose side’s average age is 30, underlined the danger of allowing the France to dictate play.As France look to underperforming striker Antoine Griezmann to lift his game, Sampaoli underlined a bigger threat in 19-year-old Paris Saint-Germain midfielder Kylian Mbappe, who struck France’s match winner in a 1-0 win over Peru, and 21-year-old Barcelona forward Ousmane Dembele.“France are known for being fast, their solid passing and moving quickly from defence to attack, and we can’t let them use their speed against us,” he said.“They will try to make us make mistakes, and try to hurt us on the wings. If Dembele and Mbappe play, they will be very fast for sure.“The key, for both teams, will be the actual game of passing and football.“We have two completely different styles but I have faith we will impose our own style and dictate the pace and rhythm of the game.”But, he added: “Argentina will play an aggressive style of football, we’re going to attack from kick-off.“Accepting defeat would be very difficult for us.”0Shares0000(Visited 2 times, 1 visits today) 0Shares0000Jorge Sampaoli says Lionel Messi needs help from his teammates © AFP / CHRISTOPHE SIMONKAZAN ARENA, Russian Federation, Jun 29 – Coach Jorge Sampaoli has called on Argentina to lift their game to the level of “genius” Lionel Messi when they look to seal a World Cup quarter-final place with victory over France on Saturday.The tone of Argentina’s so far ragged bid for the title was set when Messi missed a penalty in the shock opening 1-1 draw with Iceland.last_img read more