Mark James Asay v. State of Florida

Mark James Asay, a prisoner under sentences of death with an active death warrant, appeals the circuit court’s order denying his third successive motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.851 and petitions this Court for a writ of habe-as corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const.

*697BACKGROUND

The underlying facts of this case have been previously set forth in this Court’s opinion on direct appeal. See Asay v. State (Asay I), 580 So.2d 610, 610-12 (Fla.), cert. denied, 502 U.S. 895, 112 S.Ct. 265, 116 L.Ed.2d 218 (1991). A…