The Commission on Capital Cases updates thisinformation regularly.  This information; however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied upon for statistical or legal purposes. 

HARVEY, Harold Lee Jr. (W/M)

DC#     102992

DOB:   12/30/62

­­­Nineteenth Judicial Circuit, Indian River County Case # 86-322-B

Sentencing Judge: The Honorable Dwight Geiger

Attorney, Trial: Robert Watson – Private

Attorney, Direct Appeal: Robert Udell – Private

Attorney, Collateral Appeals: Ross Bricker & JeffreyKoppy – Private

Date of Offense:          02/23/85

Date of Sentence:        06/20/86

Circumstances of Offense:

On 02/23/85, Harold Lee Harvey and Harry Scott Stitler,armed with a pistol and an AR-15 assault rifle, met and drove to the home ofWilliam and Ruby Boyd, intending to rob the Boyds.  The Boyds gave moneyto Harvey and Stitler, but Harvey and Stitler decided to kill the Boyds. When the Boyds heard of the plan, they ran, but were shot with the AR-15 byHarvey.  Harvey and Stitler left the scene, but Harvey later returned toretrieve the gun shells.  Upon his return, he heard Mrs. Boyd moaning inpain, whereupon he shot her in the head at point blank range.

On 02/27/85, Harvey was stopped for a driving infraction inOkeechobee County and placed under arrest for the Boyd murders.  Afterbeing read his Miranda warnings, Harvey was questioned and gave a statementadmitting his involvement in the murders. 

On 05/11/86, Harvey escaped from Okeechobee County Jail, butwas located the next day, sleeping in a truck, by a North Miami Beach policeofficer.  When the officer woke Harvey, he pointed a gun at the officer,who fired his gun at Harvey.  Harvey escaped in the officer’s patrol car,but was caught and subdued. 

Codefendant Information:

Harry Scott Stiteleraccepted a plea bargain, pled guilty to First-Degree Murder, and was sentencedto Life Imprisonment. 

Trial Summary:

03/07/85         Indicted as follows:

                                   Count I:           First-Degree Murder (William Boyd)

                                   Count II:          First-Degree Murder (Ruby Boyd)

06/18/86         Jury returned guilty verdicts on all counts ofthe indictment

06/20/86         Jury recommended death by a vote of 11-1

06/20/86         Sentenced as follows:

                                   Count I:           First-Degree Murder (William Boyd) – Death

                                   Count II:          First-Degree Murder (Ruby Boyd) – Death

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 69,101

529 So. 2d 1083

07/24/86         Appeal filed

06/16/88         FSC affirmed convictions and sentences

09/16/88         Rehearing denied

10/17/88         Mandate issued

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 88-6136

489 U.S. 1040

12/15/88         Petition filed

02/21/89         USSC denied petition

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 75,841

656 So. 2d 1253

04/18/90         Petition filed

02/23/95         FSC denied petition

06/08/95         Rehearing denied

06/29/95         Mandate issued

Circuit Court – 3.850 Motion

CC# 86-322-B

08/27/91         Motion filed

03/17/93         CC denied motion

Florida Supreme Court – 3.850 Motion Appeal

FSC# 81,836

656 So. 2d 1253

05/27/93         Appeal filed

02/23/95         FSC reversed denial of 3.850 Motion andremanded to the Circuit Court

06/08/95         Rehearing denied

06/29/95         Mandate issued

Circuit Court – 3.850 Motion (on remand)

CC# 86-322-B

01/26/99         CC denied motion

Florida Supreme Court – 3.850 Motion Appeal (afterremand)

FSC# 95,075

946 So. 2d 937

03/15/99         Appeal filed

07/03/03         FSC reversed denial of motion and remanded for a new trial

06/15/06         FSC issued a revised opinion and affirmed the denial of the motion

01/08/07         Rehearing denied

01/24/07         Mandate issued

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 06-1368

128 U.S. 4775

04/09/07         Petition filed

10/01/07         Petition denied

United States District Court, Southern District –Petition for Writ of Habeas Corpus

USDC# 08-14036

01/24/08         Petition filed

09/05/08         Petition denied

United States Court of Appeals, 11^th Circuit– Habeas Appeal

USCA# 08-15868

10/21/08         Appeal filed

04/07/11          Appealdenied

Death Warrant:

03/29/90         Governor Martinez signed a death warrant

05/30/90         Execution scheduled

04/25/90         Stay of execution ordered by the FSC

Clemency Hearing:

04/12/89         Clemency hearing held (denied)

Factors Contributing to the Delay in Imposition ofSentence:

The remanding of the3.850 Motion to the Circuit Court in 1995 and the time between that remand(1995) and the Evidentiary Hearing in the Circuit Court (1998) have contributedto the delay.   The 3.850 Motion Appeal was pending from 03/15/99 –06/15/06.

Case Information:

Harvey filed a DirectAppeal with the Florida Supreme Court on 07/24/86, citing the followingerrors:  failing to suppress statements to the police, excusing a juror inthe absence of the defendant, admitting evidence related to the jail escape,failing to declare a mistrial due to prosecutor statements regarding potentialparole if the death penalty was not used, and insufficient evidence for theaggravating circumstances.  On 06/16/88, the FSC affirmed the convictionsand sentences. 

Harvey filed a Petitionfor Writ of Certiorari with the U.S. Supreme Court on 12/15/88 that was deniedon 02/21/89. 

Harvey filed a Petitionfor Writ of Habeas Corpus with the Florida Supreme Court on 04/18/90, allegingineffective assistance of counsel.  The FSC denied the Petition on02/23/95. 

Harvey filed a 3.850Motion with the Circuit Court on 08/27/91 that was denied on 03/17/93. 

Harvey filed a 3.850Motion Appeal with the Florida Supreme Court on 05/27/93, alleging ineffectiveassistance of counsel.  On 02/23/95, the FSC reversed the denial of the3.850 Motion and remanded the Motion to the Circuit Court for an evidentiary hearing. 

The Circuit Court held anEvidentiary Hearing on 08/17 – 08/24/98 and denied the 3.850 Motion on01/26/99.

Harvey filed a 3.850Motion Appeal with the Florida Supreme Court on 03/15/99, alleging ineffectiveassistance of counsel.  On 07/03/03, the FSC reversed the denial of the3.850 Motion and remanded to the Circuit Court for a new trial.  On06/15/06, the FSC issued a revised opinion and affirmed the denial of themotion.  

Harvey filed a Petitionfor Writ of Certiorari with the U.S. Supreme Court on 04/09/07 that was deniedon 10/01/07.

Harvey filed a Petitionfor Writ of Habeas Corpus with the United States District Court on 01/22/08that was denied on 09/05/08.

Harvey filed a Habeas Appealwith the United States Court of Appeals on 10/21/08. This petition was deniedon 04/07/11.

Institutional Adjustment:

THEFOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE

FORVIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.

DATE    DAYS                  VIOLATION                                       LOCATION      

09/02/86    30                      POSS OFCONTRABAND                FLORIDA STATE PRISON

09/28/86     0                       BEING IN UNAUTH AREA              FLORIDA STATE PRISON

04/20/90     0                       DISOBEYING ORDER                        FLORIDA STATE PRISON

09/04/93     0                       DISOBEYINGORDER                        UNION C.I.        

05/31/94     0                       FIGHTING                                           UNION C. I.        

02/09/98     0                       SPOKEN THREATS                           UNION C.I.        

Report Date:   06/03/04          JFL

Approved:       06/07/04          EW

Updated:         04/13/11         CAR