Asay v. State
Annotate this CaseAfter a jury trial, Mark James Asay was found guilty of two counts of murder. The jury recommended a death sentence. The trial court imposed a sentence of death for each conviction. The Supreme Court affirmed on appealed. Here, Asay appealed from the summary denial of his second successive postconviction motion and also filed two petitions for a writ of habeas corpus. The Supreme Court affirmed the circuit court’s denial of postconviction relief and denied the petitions for a writ of habeas corpus, holding (1) Hurst v. Florida does not apply retroactively to Asay’s case, in which the death sentence became final before the issuance of Ring v. Arizona; and (2) Asay failed to demonstrate that he was entitled to relief as to any of his claims.
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