From Casetext: Smarter Legal Research

Arbelaez v. State

Supreme Court of Florida
Nov 14, 2006
Case No. SC05-1610 (Fla. Nov. 14, 2006)

Opinion

Case No. SC05-1610.

November 14, 2006.

Lower Tribunal No. F88-5546.


Guillermo Octavio Arbelaez, a prisoner under sentence of death, appeals the circuit court's summary denial of his successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We have jurisdiction. See art. V, §§ 3(b)( 1), Fla. Const. Arbelaez seeks an evidentiary hearing regarding his claim of mental retardation pursuant to Florida Rule of Criminal Procedure 3.203 and Adkins v. Virginia, 536 U.S. 304 (2002).

The plain language of Rule 3.203(e) requires an evidentiary hearing whenever a defendant under sentence of death timely seeks a determination of mental retardation. Accordingly, we reverse the circuit court's summary denial and remand this case to the circuit court, directing that it hold an evidentiary hearing specifically and directly addressing Arbelaez's mental retardation claim as required by the rule.

It is so ordered.

WELLS, ANSTEAD, PARIENTE, QUINCE and CANTERO, JJ., concur.

LEWIS, C.J., and BELL, J., dissent.


Summaries of

Arbelaez v. State

Supreme Court of Florida
Nov 14, 2006
Case No. SC05-1610 (Fla. Nov. 14, 2006)
Case details for

Arbelaez v. State

Case Details

Full title:GUILLERMO OCTAVIO ARBELAEZ, Appellant(s) v. STATE OF FLORIDA, Appellee(s)

Court:Supreme Court of Florida

Date published: Nov 14, 2006

Citations

Case No. SC05-1610 (Fla. Nov. 14, 2006)