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Harold Lee Harvey, Jr. v. Florida
Paid petition · Supreme Court of Florida, No. SC19-1275 · judgment February 4, 2021
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition citing three to ten dissents, and counsel who has filed here before, and down for a state or local-government respondent.
Question presented
This Court held in McCoy v. Louisiana that a defendant’s Sixth Amendment autonomy right is violated when a defendant “expressly asserts that the objective of ‘his defence’ is to maintain innocence of the charged criminal acts” and counsel “override[s]” this objective by conceding guilt. 138 S. Ct. 1500, 1509 (2018) (quoting U.S. Const. amend. VI) (emphasis omitted). The Question Presented is: Is the Sixth Amendment autonomy right established in McCoy violated where counsel overrode an express agreement with the defendant to not concede guilt to first-degree murder, and did so without any notice to the defendant, leaving the defendant no realistic opportunity to object?
Counsel of record
For petitioner
Ross Benjamin Bricker
Jenner & Block LLP
For respondent
Carolyn M. Snurkowski
Office of the Attorney General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Order
Order list, February 22, 2022 · Certiorari denied
Proceedings
- Feb 22 2022Petition DENIED.
- Jan 26 2022DISTRIBUTED for Conference of 2/18/2022.
- Jan 18 2022Record received from the Supreme Court of Florida. The record is electronic.
- Jan 04 2022Record Requested.
- Dec 22 2021DISTRIBUTED for Conference of 1/7/2022.
- Dec 21 2021Reply of petitioner Harold Lee Harvey, Jr. filed. (Distributed)
- Dec 03 2021Brief of Florida in opposition not accepted for filing. (December 09, 2021) (Incorrect efiling rejected; corrected PDF refiled)
- Dec 03 2021Brief of respondent Florida in opposition filed.
- Oct 29 2021Petition for a writ of certiorari filed. (Response due December 3, 2021)