Harvey v. Dugger

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that claims not raised on direct appeal are procedurally barred from consideration in a rule 3.850 motion
• holding that appellant's claim that the penalty phase jury instructions improperly shifted the burden to Harvey to prove that the mitigating factors outweighed the aggravating factors was procedurally barred from postconviction review because it could have been presented on direct appeal
• stating that issues that could have been but were not raised on direct appeal or issues that were raised and rejected on direct appeal are not cognizable through collateral attack
• finding ineffective assistance claim based on counsel's failure to object to jury instructions that allegedly shifted burden of proof to defense to prove mitigators outweighed aggravators to be without merit as a matter of law

Source: CourtListener parenthetical corpus (CC0).