Florida/Georgia Personal Injury & Workers Compensation

...Finally, this court's decision in Baranko v. State, 428 So.2d 324 (Fla. 1st DCA 1983) does not mandate the result sought by Pericola, as an actual determination of insanity was not involved therein. Although neither Rule 3.720 nor its predecessor statute, Section 921.09, Florida Statutes (1969), define "insanity" in the sentencing context, we find no error in the employment by the trial court of the standard for insanity sufficient to preclude execution of the death penalty by the Governor. Section 922.07, Florida Statutes (1969), set forth the procedures to be followed by the Governor when insanity was alleged as a defense to the execution of the death penalty. That statute, like Section 921.09, provided no legal standard for the determination of insanity....

...mment to this amendment indicates that it was intended to "set up standards for determining sanity" and to give the Governor "legal standards and professional guidelines for making his decision." In the same term in which Section 922.07 was amended, Section 921.09 was *868 repealed and replaced by Rule 3.740....

...(1995) (county must provide appropriate courtrooms, facilities and equipment); id. § 914.06 (county must pay for the services of expert witnesses in criminal cases for indigent defendants); id. § 914.11 (county must pay costs associated with procuring attendance of witnesses for indigent defendants); id. § 921.09 (county must pay fees of physicians who examine defendants who allege insanity as a cause for not pronouncing sentence); id....

attendance of witnesses for indigent defendants); id. § 921.09 (county must pay fees of physicians who examine

...dependent determination of petitioner’s mental condition at the time of sentencing. Furthermore, we conclude that Section 775.082 (Section 2 of Chapter 72-724, Laws of Florida) must be read in connection with and subject to Rule 3.740 Cr. P.R. and Section 921.09, Florida Statutes....

...ndant shall again be committed as hereinabove set forth. No defendant committed by a court to an institution, by reason of any examination referred to in this paragraph, shall be released therefrom without the consent of the court committing him.” Section 921.09, Florida Statutes, expresses legislative intent that the foregoing Rule should be implemented when applicable....

...Also in the case of a defendant who becomes insane after conviction, but before sentencing, there is express statutory authority for imposing sentence upon the termination of the insanity which could be in the excess of five years from the time of conviction. See F.S.1969, section 921.09, F.S.A....