Harvey v. State
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The Supreme Court affirmed the order of the circuit court denying Appellant's second successive postconviction motion filed under Fla. R. Crim. P. 3.851, holding that Appellant did not demonstrate that he was entitled to relief.
In 1986, Appellant was convicted of two counts of first-degree murder and sentenced. The Supreme Court affirmed. In his second successive postconviction motion, Appellant claimed that he was entitled to a new trial because counsel conceded Appellant's guilt to first-degree murder without giving Appellant notice and an opportunity to object. Appellant based his claim on the Supreme Court's decision in McCoy v. Louisiana, 138 S. Ct. 1500 (2018). The trial court denied the motion. The Supreme Court affirmed, holding that McCoy did not entitle Appellant to relief.
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