Harold Lee Harvey, Jr. v. State of Florida

Summary

The Supreme Court of Florida affirmed the summary denial of Harold Lee Harvey, Jr.'s third successive rule 3.851 motion, which sought a new trial or new penalty phase based on brain-development science, a 2022 American Psychological Association resolution, and reports from two neuroscientists who never examined him. The court held that the postconviction court permissibly adopted portions of the State's argument, correctly focused on timeliness, and properly rejected the newly discovered evidence claim because resolutions, consensus opinions, and new-expert reviews of existing records are not newly discovered evidence, while his mental-age and IQ theories were procedurally barred. His cumulative error claim failed because the underlying claims were meritless or procedurally barred. No separate opinions were filed.