No. 21-653

Harold Lee Harvey, Jr. v. Florida

Lower Court: Florida
Docketed: 2021-11-03
Status: Denied
Type: Paid
Relisted (2)
Tags: autonomy-right counsel-override criminal-defense criminal-procedure defendant-autonomy due-process first-degree-murder ineffective-assistance-of-counsel mccoy-v-louisiana sixth-amendment
Key Terms:
Punishment HabeasCorpus Privacy
Latest Conference: 2022-02-18 (distributed 2 times)
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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 8. 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?

Docket Entries

2022-02-22
Petition DENIED.
2022-01-26
DISTRIBUTED for Conference of 2/18/2022.
2022-01-18
Record received from the Supreme Court of Florida. The record is electronic.
2022-01-04
Record Requested.
2021-12-22
DISTRIBUTED for Conference of 1/7/2022.
2021-12-21
Reply of petitioner Harold Lee Harvey, Jr. filed. (Distributed)
2021-12-03
Brief of respondent Florida in opposition filed.
2021-10-29
Petition for a writ of certiorari filed. (Response due December 3, 2021)

Attorneys

Florida
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent
Harold Lee Harvey, Jr.
Ross Benjamin BrickerJenner & Block LLP, Petitioner
Ross Benjamin BrickerJenner & Block LLP, Petitioner