Right before Christmas (on December 22nd), the Florida Supreme Court issued two opinions that answer the question of vacating the death sentences of Florida Death Row inmates after the SCOTUS ruling that their capital punishment had been decided unconstitutionally (Hurst).

Asay v State and Mosley v State

The two cases are Asay v State of Florida and Mosley v State of Florida.  Both opinions have been stored for your convenience in the Terence Lenamon Online Library. (Click the link in the left sidebar.)

Hearing for Mosley; Not for Asay

In sum, Asay holds that Mark James Asay does not get a new sentencing hearing because he had finished his direct appeal process before the SCOTUS decision in Ring v. Arizona. 

In Mosley, the High Court finds that he was sentenced to death by a judge who disregarded the jury’s recommendation and did so after Ring v. Arizona.  He gets a new sentencing hearing.

Read Mosley here: 

 

https://www.scribd.com/embeds/335626175/content?start_page=1&view_mode=scroll&access_key=key-y47Nox279eC08efbG7M8&show_recommendations=true