Florida Rule of Criminal Procedure 3.231 - SUBSTITUTION OF JUDGE | Syfert Law

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Florida Rule of Criminal Procedure 3.231

RULE 3.231. SUBSTITUTION OF JUDGE

If by reason of death or disability the judge before whom a trial
has commenced is unable to proceed with the trial, or posttrial
proceedings, another judge, certifying that he or she has become
familiar with the case, may proceed with the disposition of the case,
except in death penalty sentencing proceedings. In death penalty
sentencing proceedings, a successor judge who did not hear the
evidence during the penalty phase of the trial shall conduct a new
sentencing proceeding before a new jury.
Committee Notes

1972 Adoption. New. Follows ABA Standard 4.3, Trial by
Jury. Inserted to provide for substitution of trial judge in specified
instances.

VIII. CHANGE OF VENUE

Cases Citing Rule 3.231

Total Results: 7

In Re Florida Rules of Criminal Procedure

272 So. 2d 65

Supreme Court of Florida | Filed: Jan 29, 1973 | Docket: 1755077

Cited 102 times | Published

the trial court. Committee Note: Same as prior rule. 3.231. SUBSTITUTION OF JUDGE. If by reason of death

Category: Criminal Procedure

State v. Terry

336 So. 2d 65

Supreme Court of Florida | Filed: Apr 22, 1976 | Docket: 2521736

Cited 30 times | Published

Rule 3.150, Joinder of Offenses and Defendants; Rule 3.231, Substitution of Judge; Rule 3.260, Waiver of

Category: Criminal Procedure

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

Supreme Court. 1972 Amendment. Same as prior rule. RULE 3.231. SUBSTITUTION OF JUDGE If by reason of death

Category: Criminal Procedure

In Re Amendments to the Florida Rules of Criminal Procedure

26 So. 3d 534, 34 Fla. L. Weekly Supp. 629, 2009 Fla. LEXIS 1948, 34 Fla. L. Weekly Fed. S 629

Supreme Court of Florida | Filed: Nov 19, 2009 | Docket: 1117422

Cited 7 times | Published

and" from the title. The only rule in Part VII, rule 3.231, addressed substitution of a judge. Accordingly

Category: Criminal Procedure

State v. May

703 So. 2d 1097, 1997 WL 716828

District Court of Appeal of Florida | Filed: Oct 29, 1997 | Docket: 1349331

Cited 5 times | Published

review of the record, to render a decision. Fla. R.Crim. P. 3.231. The State argues that this rule would permit

Category: Criminal Procedure

Grover B. Reed v. State of Florida

259 So. 3d 718

Supreme Court of Florida | Filed: Nov 15, 2018 | Docket: 8193609

Published

660 So.2d 705, 707-08 (Fla. 1995) ; see Fla. R. Crim. P. 3.231. In "determining whether a motion is legally

Category: Criminal Procedure

Birdsall v. State

350 So. 2d 798, 1977 Fla. App. LEXIS 16456

District Court of Appeal of Florida | Filed: Sep 27, 1977 | Docket: 64560575

Published

placed on probation. Appellant’s reliance on Fla.R.Crim.P. 3.231 is misplaced as such rule, relating to the

Category: Criminal Procedure