Florida Corrections Commission

REPORT TO THE COMMISSION
ON THE ADMINISTRATION OF JUSTICE
IN CAPITAL CASES

Prepared by ISABELLE POTTS, J. D. and GRETCHEN HIRT, J. D.

FLORIDA STATE UNIVERSITY
SCHOOL OF CRIMINOLOGY AND CRIMINAL JUSTICE
DANIEL MAIER-KATKIN, DEAN

January 1999

TABLE OF CONTENTS

V. What Would Be the Effect of Privatizing Postconviction Proceedings?
EXECUTIVE SUMMARY
RESEARCH METHODOLOGY
HISTORY AND BACKGROUND OF THE DEATH PENALTY IN FLORIDA

The Numbers since 1974

Time of Direct Appeals

Executions

Postconviction Cases with at Least One Ruling on the Merits by the Florida Supreme Court
PRIOR LEGISLATIVE AND JUDICIAL ATTEMPTS TO REDUCE DELAYS

Anti-Terrorism Act and Effective Death Penalty Act of 1996

1996 Florida Legislative Action

1998 Florida Legislative Action

Florida Supreme Court Action

Commission on Legislative Reform of Judicial Administration
ANALYSIS AND CONCLUSIONS

I. Does the Florida Legislature Have the Authority Eliminate State Postconviction Proceedings in Capital Cases?

II. Does the Florida Legislature Have the Authority to Eliminate the State Funding of State Postconviction Proceedings in Capital Cases?

III. Have there Been Reductions in Delays because of Legislative and Judicial Attempts to Set Limits Related to Postconviction Filings?

IV. Does the Florida Legislature Have the Authority to Set an Absolute Limit of One State Postconviction Proceeding per Death-Row Inmate?


APPENDICES

(Appendices available in PDF format)

APPENDIX A - Inmates Currently on Death Row & Time on Death Row
APPENDIX B - Copies of the Reports of the Shevin and McDonald Commissions
APPENDIX C - Direct Appeals of Inmates Currently on Death Row per Supreme Court Log
APPENDIX D - Analysis of Time between the End of Direct Appeal and Filing of First Postconviction Pleading for Inmates Currently on Death Row
APPENDIX E - Letter from Chief Judge Joseph W. Hatchett, 11th Circuit Court of Appeals, Dated March 25, 1998
APPENDIX F - Analysis of Length of State and Federal Postconviction Proceedings for Inmates with Postconviction Proceedings that Were Reviewed on the Merits by the Florida Supreme Court per Supreme Court
APPENDIX G - Analysis of Postconviction Cases for Inmates with Postconviction Proceedings that Were Reviewed on the Merits by the Florida Supreme Court
APPENDIX H - Post-Furman Florida Capital Cases where Relief Was Granted in Postconviction and the Defendant Was not Resentenced to Death & Chart of 20-Case Sample of Postconviction Proceedings from these Cases
APPENDIX I - Time Frames for Persons where Relief Was Granted in Postconviction and the Defendant Was not Resentenced to Death

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