In re: Amendments to Florida Rule of Criminal Procedure 3.190
The Florida Supreme Court amended Rule of Criminal Procedure 3.190 in response to the Fourth DCA's decision in Acostafigueroa v. State, which had held that a Stand-Your-Ground immunity motion to dismiss could be filed at any time before trial. The Court rewrote subdivision (c) to require that motions to dismiss, including SYG immunity motions, be filed by a deadline set by the trial court, subject to good-cause or fundamental-error exceptions, and also restructured the suppression, deposition, and expedite provisions of the rule.
Key facts
- The Florida Supreme Court amended Rule of Criminal Procedure 3.190 in response to the Fourth District Court of Appeal's decision in Acostafigueroa v. State, which had permitted Stand-Your-Ground immunity motions to be filed at any time before trial.
- The Court rewrote subdivision (c) to require that all motions to dismiss, including Stand-Your-Ground immunity motions, be filed by a court-imposed deadline, with late filings dismissed unless good cause or fundamental error is shown.
- +2 more key facts with a free trial
Why it matters
This rulemaking opinion directly resolves the timing question left open by the Fourth DCA's Acostafigueroa decision regarding when a Stand-Your-Ground immunity motion to dismiss must be filed, giving trial courts… — full analysis with a trial
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