Harvey v. State

Crawford v. Head
311 F.3d 1288 (11th Cir. 2002) Cited 503 times 1 Legal Analyses
Process Causes - Other
Con. Law - Due Process
3 more...
Holding that even if trial counsel acted unreasonably, petitioner was not entitled to habeas relief because no reasonable probability existed that additional mitigating evidence would have led the jury to sentence the petitioner to life rather than death
In no way does it indicate that another person committed the crime and it does not create a reasonable doubt of guilt that did not otherwise exist. Harvey v. State, 262 Ga. 667, 424 S.E.2d 619 (1993). Accordingly, this court concludes that the State did not suppress evidence favorable to the petitioner.
Brown v. State
512 S.E.2d 260 (Ga. 1999) Cited 20 times
In Brown, the Court cited Stoudemire for the proposition that "evidence of a defendant's motive which is not material to his criminal liability is irrelevant and inadmissible."
Thus, the refused request to charge did not relate to any relevant jury issue, since the evidence would authorize only the finding that Brown's statement was not involuntary. See Harvey v. State, 262 Ga. 667(2) ( 424 S.E.2d 619) (1993). The trial court gave a full and fair charge on the general requirement of voluntariness, and the refusal to give the specific charge on the inapplicable issue of how a request for counsel could affect voluntariness was not error. Harvey v. State, supra at 668(2).