6 Florida opinions name it 2 courts 2003–2026 1 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Rutherford v. Stategreen2 sentences2026In his first successive motion for postconviction relief, Harvey raised the claim that his death sentence was prohibited because he was “intellectually disabled.” The postconviction court rejected Harvey’s claim because his IQ was 86 and therefore within the normal range. - 12 - Likewise, Harvey’s introduction of the August 2022 APA Resolution and the 2023 reports of Dr. Somerville and Dr. Merikangas to his case do not help him overcome the procedural bar. 5 “This Court has routinely held that resolutions, consensus opinions, articles, research, and the like, do not constitute newly discovered 2026For example, in Barwick we concluded that the same resolution upon which Harvey relies did not constitute newly discovered evidence because it was based on “a compilation of studies, research, data, and reports, published between 1992 and 2022 and relying on data from as early as 1977.” Id. | 1 | 1 |
Schwab v. Stategreen1 sentence2026In his first successive motion for postconviction relief, Harvey raised the claim that his death sentence was prohibited because he was “intellectually disabled.” The postconviction court rejected Harvey’s claim because his IQ was 86 and therefore within the normal range. - 12 - Likewise, Harvey’s introduction of the August 2022 APA Resolution and the 2023 reports of Dr. Somerville and Dr. Merikangas to his case do not help him overcome the procedural bar. 5 “This Court has routinely held that resolutions, consensus opinions, articles, research, and the like, do not constitute newly discovered | 1 | 1 |
Kevin Don Foster v. State of Floridagreen1 sentence2026In his first successive motion for postconviction relief, Harvey raised the claim that his death sentence was prohibited because he was “intellectually disabled.” The postconviction court rejected Harvey’s claim because his IQ was 86 and therefore within the normal range. - 12 - Likewise, Harvey’s introduction of the August 2022 APA Resolution and the 2023 reports of Dr. Somerville and Dr. Merikangas to his case do not help him overcome the procedural bar. 5 “This Court has routinely held that resolutions, consensus opinions, articles, research, and the like, do not constitute newly discovered | 1 | 1 |
Rogers v. Stategreen1 sentence2009See, e.g., Duque v. State, 983 So.2d 35 (Fla. 3d DCA 2008) (treating petition for mandamus as a notice of appeal); accord Reddick v. Lando, 673 So.2d 92 (Fla. 3d DCA 1996). | 1 | 1 |
Duque v. Stategreen1 sentence2009See, e.g., Duque v. State, 983 So.2d 35 (Fla. 3d DCA 2008) (treating petition for mandamus as a notice of appeal); accord Reddick v. Lando, 673 So.2d 92 (Fla. 3d DCA 1996). | 1 | 1 |
McCarthy v. Dept. of Ins. & Treasurergreen1 sentence2008See Vanjaria, 675 So.2d at 255-56 ; Dep't of Transp. v. Blackhawk Quarry, 528 So.2d 447, 450 (Fla. 5th DCA 1988); McCarthy v. Dep't of Ins. & Treasurer, 479 So.2d 135, 137 (Fla. 2d DCA 1985). | 1 | 1 |
Department of Revenue v. Vanjaria Enterprisesgreen1 sentence2008See Vanjaria, 675 So.2d at 255-56 ; Dep't of Transp. v. Blackhawk Quarry, 528 So.2d 447, 450 (Fla. 5th DCA 1988); McCarthy v. Dep't of Ins. & Treasurer, 479 So.2d 135, 137 (Fla. 2d DCA 1985). | 1 | 1 |
Dept. of Transp. v. Blackhawk Quarry Co. of Fla., Inc.green1 sentence2008See Vanjaria, 675 So.2d at 255-56 ; Dep't of Transp. v. Blackhawk Quarry, 528 So.2d 447, 450 (Fla. 5th DCA 1988); McCarthy v. Dep't of Ins. & Treasurer, 479 So.2d 135, 137 (Fla. 2d DCA 1985). | 1 | 1 |
State v. Trippgreen1 sentence2003Furthermore, as the supreme court noted in Tucker v. State, 726 So.2d 768, 771 (Fla. 1999), "[W]e held [in State v. Tripp, 642 So.2d 728, 730 (Fla.1994)] that the jury's verdict that Tripp was guilty `of the charges made against him in the Information' was insufficient to establish that a weapon was used, even though the information alleged that he used a weapon during the attempted first-degree murder." On remand, the trial court again denied Mr. Harvey's claim and attached the information to its order denying relief. | 1 | 1 |
Tucker v. Stategreen1 sentence2003Furthermore, as the supreme court noted in Tucker v. State, 726 So.2d 768, 771 (Fla. 1999), "[W]e held [in State v. Tripp, 642 So.2d 728, 730 (Fla.1994)] that the jury's verdict that Tripp was guilty `of the charges made against him in the Information' was insufficient to establish that a weapon was used, even though the information alleged that he used a weapon during the attempted first-degree murder." On remand, the trial court again denied Mr. Harvey's claim and attached the information to its order denying relief. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Eric Scott Branch v. State of Florida & SC18-218 Eric Scott Branch v. Julie L. Jones, etc.
green
1 sentence2026In his first successive motion for postconviction relief, Harvey raised the claim that his death sentence was prohibited because he was “intellectually disabled.” The postconviction court rejected Harvey’s claim because his IQ was 86 and therefore within the normal range. - 12 - Likewise, Harvey’s introduction of the August 2022 APA Resolution and the 2023 reports of Dr. Somerville and Dr. Merikangas to his case do not help him overcome the procedural bar. 5 “This Court has routinely held that resolutions, consensus opinions, articles, research, and the like, do not constitute newly discovered | 1 | 2026–2026 |
Frank A. Walls v. State of Florida
green
1 sentence2018Harvey, who had never before raised an intellectual disability claim, argues that his claim was timely because he filed two months after this Court decided Walls v. State , 213 So.3d 340 (Fla. 2016). | 1 | 2018–2018 |
Harvey v. Dugger
green
1 sentence2006This Court reviewed the summary denial and remanded the issue for a hearing, stating that if the booking sheet was authentic, and if it was signed at 6:35 a.m., it "might bear on Harvey's claim of ineffective assistance of counsel in relation to the motion to suppress." Harvey v. Dugger, 656 So.2d at 1257 . | 1 | 2006–2006 |
Orjales v. State
green
2 sentences2003Relying on Orjales v. State, 758 So.2d 1157 (Fla. 2d DCA 2000), the trial court denied Mr. Harvey's claim. 2003The information, citing the language from section 782.04(2), alleged that Mr. Harvey committed second-degree murder "by shooting [the victim] with a firearm, to wit: a handgun." The attached verdict form did not contain a special interrogatory referencing the use of a firearm, nor did the verdict form provide an option for the jury to find Mr. Harvey "guilty of second-degree murder with a firearm." Instead, the jury found the defendant to be "guilty of second-degree murder as charged." In again denying Mr. Harvey's claim, the trial court relied on this court's holding in Orjales, 758 So.2d 115 | 1 | 2003–2003 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.