Mark James Asay, Appellant v. State of Florida, Appellee; Mark James Asay, Petitioner, v. Julie L. — Lewis, J…

Summary

Justice Lewis concurred only in the result because Asay did not preserve a Sixth Amendment challenge to Florida's capital-sentencing procedure before Ring. Lewis disagreed with limiting Hurst relief solely by the date on which Ring was decided and would have allowed relief for defendants who preserved the substance of the constitutional challenge, regardless of whether they cited Ring by name. Justice Perry would have applied Hurst to all affected defendants, Justice Pariente would have required full retroactivity, and Justices Polston and Labarga concurred in the result on narrower grounds.