Florida Rules of Criminal Procedure
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3.812. Hearing on Insanity at Time of Execution: Capital Cases
(a) Hearing on Insanity to Be Executed. The
hearing on the prisoner’s insanity to be executed shall
not be a review of the governor’s determination,
but
shall be a hearing de novo.
(b) Issue at Hearing. At the hearing the issue shall
be whether the prisoner presently meets the criteria for
insanity at time of execution, that is, whether the prisoner
lacks the mental capacity to understand the fact
of the pending execution and the reason for it.
(c) Procedure. The court may do any of the following
as may be appropriate and adequate for a just
resolution of the issues raised:
(1) require the presence of the prisoner at the
hearing;
(2) appoint no more than 3 disinterested mental
health experts to examine the prisoner with respect to
the criteria for insanity to be executed and to report
their findings and conclusions to the court; or
(3) enter such other orders as may be appropriate
to effectuate a speedy and just resolution
of the issues
raised.
(d) Evidence. At hearings held pursuant to this rule,
the court may admit such evidence as the court deems
relevant to the issues, including but not limited to the
reports of expert witnesses, and the court shall not be
strictly bound by the rules of evidence.
(e) Order. If, at the conclusion of the hearing, the
court shall find, by clear and convincing evidence,
that
the prisoner is insane to be executed, the court shall
enter its order continuing the stay of the death warrant;
otherwise, the court shall deny the motion and enter its
order dissolving the stay of execution.
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