Opinion
Case No. SC02-2295.
March 14, 2003
Decision Without Published Opinion.
The amended petition seeking to invoke this Court's all writs jurisdiction is dismissed. The dismissal is without prejudice to petitioners raising any claims based on Atkins v. Virginia, 122 S.Ct. 2242 (2002), in their respective pending postconviction proceedings or filing comments concerning any rules of procedure governing Atkins claims this Court may adopt. See Fla. R. Jud. Admin. 2.130(a) (any person may file comments concerning an emergency rule change).
The Court is considering issues concerning the application of Atkins in the cases of Thomas v. State, No. SC00-1092, and Miller v. State, No. 01-837, which was consolidated for oral argument held on March 5, 2003. This Court is also considering the application of Atkins in Burns v. State, No. 01-166. Thereafter, the Court will consider adoption of a rule concerning procedures in respect to the application of Atkins.
ANSTEAD, C.J., and WELLS, PARIENTE, LEWIS, CANTERO and BELL, JJ., concur.
QUINCE, J., recused.