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RECENT RELEASES - FLORIDA SUPREME COURT
CRIMINAL LAW--DISCOVERY--STATE'S FAILURE TO COMPLY. The post conviction court erred by denying a death row defendant's claim that the State had committed a Brady violation by failing to disclose FDLE logs reflecting the investigators' determination that it was "highly unlikely" that a third party's DNA got on the victim's body by secondary transfer from unwashed motel bedding. The evidence was willfully withheld and would have provided a substantial basis for the impeachment of State witnesses and the thoroughness of the State's investigation. Additionally, because the secondary-transfer theory was a central component of the State's case, the withheld evidence was material and the defendant was prejudiced by not having received it. The case was remanded for a new trial.
RULES OF CIVIL PROCEDURE--AMENDMENT. The Court amended Florida Rule of Civil Procedure 1.200 (Case Management; Pretrial Procedure) "to require courts to consider the availability of the parties,' along with the needs of the case and the resources of the court, in setting a new trial period in a case that does not reach trial during the period set by court order."
PROBATE RULES--AMENDMENT--FORMS. The Court adopted proposed amendments to Florida Probate Rules 5.696 (Guardian Accounting), 5.700 (Objection to Guardianship Reports), 5.901 (Form for Petition to Determine Incapacity), 5.902 (Form for Petition and Order of Guardian), 5.903 (Letters of Guardianship), 5.904 (Forms for Initial and Annual Guardianship Plans), 5.905 (Form for Petition; Notice; and Order for Appointment of Guardian Advocate of the Person), 5.906 (Letters of Guardian Advocacy), and 5.910 (Inventory). The amendments changed the language of the rules and format of the forms to conform to prior amendments to the Florida Rules of General Practice and Judicial Administration.
PROBATE RULES--AMENDMENT. Florida Probate Rules 5.122 (Curators) and 5.905 (Form for Petition; Notice; and Order for Appointment of Guardian Advocate of the Person) were amended by the Court. The more significant amendments include the addition of language "to clarify that the amount of bond to be posted by curators, if any, must be determined by the court," and to add " Tatton-Brown-Rahman syndrome' to the list of disorders and syndromes that constitute a developmental disability."
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