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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, well below the 4.1% base rate, with no standout signals pointing toward a grant.
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
Conference history
Distributed for 2 conferences
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)