Harvey v. State
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The Supreme Court affirmed the postconviction court’s summary denial of Appellant’s successive postconviction motion to vacate his sentences of death under Fla. R. Crim. P. 3.851, holding that the record conclusively demonstrated that Appellant was not entitled to relief.
In 1986, Appellant was convicted of two counts of murder. Appellant’s death sentences became final in 1989. In the instant appeal, Appellant argued that the postconviction court erred in denying his intellectual disability claim without holding an evidentiary hearing and in denying his claim under Hurst v. Florida, 136 S. Ct. 616 (2016), and Hurst v. State, 202 So. 3d 40 (Fla. 2016). The Supreme Court affirmed, holding that the record conclusively showed that Appellant’s intellectual disability claim was untimely and that Appellant’s Hurst claim did not entitle him to relief.
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