Death-Penalty Defendant's Waiver of Further Attacks on His Conviction
In James v. State, 974 So. 2d 365, 368 (Fla. 2008), the court was concerned that "a mere change of mind" not in itself constitute a sufficient basis for setting aside a previous waiver.
The court emphasized that the procedures set forth in Durocher v. Singletary, 623 So. 2d 482 (Fla. 1993) regarding the ability of a death-sentenced defendant to waive further attacks on his conviction and penalty were mandated so that the defendant would "fully understand the consequences and finality attached to a waiver" while also "respecting his wishes to determine his fate." Id.
The defendant's change of mind requesting reinstatement of counsel and resumption of postconviction proceedings occurred over two years after he voluntarily dismissed his postconviction proceedings. Id. at 366.