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Harold Lee Harvey, Jr. v. Florida

Paid petition · Supreme Court of Florida, No. SC19-1275 · judgment February 4, 2021


Certiorari denied · February 22, 2022
Pre-decision estimate: 3% cert probability

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

  1. Feb 22 2022
    Petition DENIED.
  2. Jan 26 2022
    DISTRIBUTED for Conference of 2/18/2022.
  3. Jan 18 2022
    Record received from the Supreme Court of Florida. The record is electronic.
  4. Jan 04 2022
    Record Requested.
  5. Dec 22 2021
    DISTRIBUTED for Conference of 1/7/2022.
  6. Dec 21 2021
    Reply of petitioner Harold Lee Harvey, Jr. filed. (Distributed)
  7. Dec 03 2021
    Brief of Florida in opposition not accepted for filing. (December 09, 2021) (Incorrect efiling rejected; corrected PDF refiled)
  8. Dec 03 2021
    Brief of respondent Florida in opposition filed.
  9. Oct 29 2021
    Petition for a writ of certiorari filed. (Response due December 3, 2021)