Asay v. State

The Supreme Court affirmed the circuit court’s denial of Mark Asay’s third successive motion for postconviction relief and denied Asay’s petition for a writ of habeas corpus. The court also denied Asay’s motion for a stay of execution and his application for a stay of execution. Asay, a prisoner under a sentence of death, alleged in his third petition for postconviction relief that he was denied access to public records, that the new lethal injection protocol was unconstitutional, that the manner in which the execution was reset violated due process, and that Fla. Stat. 922.06 is unconstitutional. The Supreme Court affirmed the circuit court’s denial of these claims, holding that Asay did not demonstrate that he was entitled to relief on his claims. Further, the court held that Asay did not present a basis for relief in his habeas claims attacking the constitutionality of his death sentences based on the nonunanimous verdicts because Asay did not present a novel claim for the court’s consideration. View "Asay v. State" on Justia Law