Legal Opinion

Harvey v. State

District Court of Appeal of Florida

Decided June 10, 2009No. 3D09-1127PublishedCited by 3 opinions

1Opinion of the CourtSuarez, J.

Kevin D. Harvey seeks an order granting a petition for mandamus directing the lower court to ‘reset’ the time for filing a Florida Rule of Criminal Procedure 3.850 petition. We treat his petition as a notice of appeal, and reverse and remand.

Harvey was convicted in Florida in 1989, but was immediately turned over to federal authorities to begin serving a twenty-year federal sentence. Harvey was incarcerated in federal prison in Alabama until he was released in 2007. 1 In 2008, Harvey was returned to Florida to begin serving his 1989 state sentence. He filed a motion with the trial court to…

2Cases cited6 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Demps v. StateDistrict Court of Appeal of Florida · 1997
  3. Ramsey v. StateDistrict Court of Appeal of Florida · 2007
  4. Ruiz v. StateDistrict Court of Appeal of Florida · 2009
  5. Duque v. StateDistrict Court of Appeal of Florida · 2008

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Kevin D. Harvey v. The Circuit Court of the Eleventh Judicial CircuitDistrict Court of Appeal of Florida · 2024
  2. Knight v. KnightDistrict Court of Appeal of Florida · 2009
  3. Luis A. Gomez v. The State of FloridaDistrict Court of Appeal of Florida · 2023

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