The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

The Registry Attorneys will be continued by the Justice Administration Commission.

These actions are effective July 1, 2011.

Disclaimer: The Commission on Capital Cases receives this information from a variety of sources. The site will be updated consistently as information is received and will be audited bi-annually. We make every attempt to ensure the accuracy of the information provided; however, the information should be verified by the applicable court prior to using it for legal or statistical purposes.


Last NameFirst NamePictureDC NumberAgencyCase Summary
AsayMark 078387Registry/FederalCase Summary

Last Action

DateCourtCase NumberLast Action
8/18/2009USSC09-216Cert Writ filed
11/2/2009USSC09-216Cert denied

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
Westling, Sr.Dale G.Jacksonville, FL331 E. Union St.32202-2748904/356-2341Email


Last NameCase NumberJudgeCountyCCRCOrder DateContract Date
Westling, Sr.87-6876 CFHaddockDuvalNorth-P7/1/20038/25/2003

Last Updated

2008-01-09 11:43:13.0

Case Summary
Direct Links

The Commission on Capital Cases updates this information regularly

The Commission on Capital Cases updates thisinformation regularly.  This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied on for statistical or legal purposes.


ASAY, Mark (W/M)

DC #   078387

DOB: 03/12/64


Fourth Judicial Circuit, Duval County, Case #87-6876

Sentencing Judge: The Honorable L. Page Haddock

Trial Attorney: Raymond A. David – Private

Attorney, Direct Appeal: W.C. McLain – Assistant PublicDefender

Attorney, Collateral Appeal: Dale Westling, Sr. & MaryBonner – Registry/Federal


Date of Offense:        07/18/87

Date of Sentence:       11/18/88


Circumstances of Offense:


During the early morning hours of 07/18/87, Mark Asay, hisbrother Robbie, and a friend, Bubba McQuinn headed downtown to look forprostitutes after a night of drinking and shooting pool.  Asay rode withMcQuinn while his brother drove alone.  Once downtown, Asay noticed hisbrother talking to a black man from the window of his truck.  Asayimmediately became confrontational with the man, Robert Lee Booker, despite thefact that his brother told him everything was all right.  Asay verballyattacked Booker, spouting racial slurs and escalating the situation.  Asaypulled a gun from his back pocket and shot Booker once in the stomach. Booker fled the scene, but was later found dead in an alley with hole in hisintestine and a severed artery.


After the shooting, Asay got back into the truck withMcQuinn, while his brother drove off.  McQuinn asked Asay why he shotBooker and Asay replied, “because you got to show a nigger who is boss.” Asay also said that he did not think he killed Booker, only frightenedhim.  During the continued search for prostitutes, Asay and McQuinnhappened upon an acquaintance named Renee, who they knew would give them oralsex.  Apparently, Asay and McQuinn did not know that “Renee” was actuallyRobert McDowell dressed up as a woman.  The men negotiated a deal for oralsex and planned for McQuinn and McDowell to go into the alley while Asayremained on the lookout.  When McDowell refused to get into the truck withMcQuinn, Asay grabbed him by the arm and began shooting into his chest. McDowell was shot six times in all, and investigators reported that three ofthe shots could have proved fatal.  As Asay and McQuinn were driving away,Asay said McDowell had cheated him out of ten dollars on a drug deal once, andhe always swore that he would get even.  Apparently Asay bragged to afriend that when negotiating the deal for oral sex, Asay planned toabduct, sexually assault, and then kill McDowell.


Additional Information:


Asay has many white supremacist tattoos on his body andreports indicated that he made numerous racist comments about the black menthat he killed.


The defendant was on parole for burglary when he committedthe murders.


Trial Summary:


08/01/87         The defendant was arrested.

08/20/87         The defendant was indicted, Circuit Court Case #87-6876

                                   Count I:           First-DegreeMurder

                                   Count II:         First-Degree Murder

09/29/88         The jury found the defendant guilty on both Counts I & II.

10/28/88         Upon advisory sentencing, the trial jury, by a 9 to 3 majority, voted for the deathpenalty on both counts.

11/18/88         The defendant was sentenced as followed:

                                   Count I:           First-DegreeMurder – Death

                                   Count II:         First-Degree Murder -Death


Appeal Summary:


Florida Supreme Court - Direct Appeal

FSC #73,432

580 So. 2d 610


12/15/88         Appeal filed.

05/16/91         FSC affirmed the convictions and sentences of death.

06/21/91         Rehearing denied.

07/22/91         Mandate issued.


U.S. Supreme Court - Petition for Writ of Certiorari

USSC #91-5499

502 U.S. 895


08/20/91         Petition filed.

10/07/91         Petition denied.


State Circuit Court - 3.850 Motion

CC #87-6876


03/15/93         Motion filed.

11/24/93         Motion amended.

04/23/97         Motion denied.


Florida Supreme Court - 3.850 Appeal

FSC #90,963

769 So. 2d 974


07/10/97         Appeal filed.

06/29/00         Appeal denied.

10/26/00         Rehearing denied.

12/01/00         Mandate issued.


Florida Supreme Court - Petition for Writ of HabeasCorpus

FSC #SC01-2371

828 So.2d 985


10/25/01         Petition filed. 

06/13/02         Petition denied.


State Circuit Court - 3.850 Motion

CC #87-6876


10/16/02         Motion filed.

02/17/04         Motion denied.


Florida Supreme Court – Pro Se Petition for Writ ofHabeas Corpus

FSC #SC03-2095

866 So.2d 1212


05/27/03         Pro se Petition filed.

01/09/04         Petition voluntarily dismissed.


Florida Supreme Court – 3.850 Appeal

FSC #SC04-433

892 So.2d 1011


03/19/04         Appeal filed.

12/20/04         Denial affirmed.


U.S. District Court, Middle District – Petition forWrit of Habeas Corpus

USDC# 05-147



02/11/05          Petition filed.

07/02/09          Stayed and administratively closed pendingHolland v. Florida opinion.

06/25/10          Case reopened.


United States Supreme Court – Petition for Writ ofCertiorari

USSC# 09-216

130 S.Ct. 495


08/18/09          Petition filed.

11/02/09          Petition denied


Factors Contributing to the Delay in the Imposition ofthe Sentence:


Asay has utilized many of his post-conviction relief optionsat the state level, with each motion/appeal lasting several years. Asay’sDirect Appeal took three years to reach a disposition, his 3.850 Motion waspending for four years, and his 3.850 Appeal lasted three years. 


Case Information:


On 12/15/88, Asay filed his Direct Appeal with the FloridaSupreme Court.  His appeal argued that the judge erred when he failed toacquit Asay for the First Degree Premeditated Murder of Robert LeeBooker.  Asay also claimed that the court erred in finding that the murderof McDowell was committed in a “cold, calculated, and premeditatedmanner.”  Lastly, Asay argued that the death penalty was not aproportionate sentence for the murders.  The Supreme Court affirmed theconvictions and sentences of death on 05/16/91.  The mandate was issued on07/22/91.


On 08/20/91, Asay filed a Petition for Writ of Certiorari,which was denied on 10/07/91.


On 03/15/93, Asay filed a 3.850 Motion in the Circuit Court,which was denied on 04/23/97.


On 07/10/97, Asay filed a 3.850 Motion Appeal in the FloridaSupreme Court.  On 06/29/00, the FSC affirmed the denial and a mandate wasissued on 12/01/00.


On 10/25/01, Asay filed a Petition for Writ of Habeas Corpusin the Florida Supreme Court, which was denied on 06/13/02.


On 05/27/03, Asay filed a Pro se Petition for Writ of HabeasCorpus in the Florida Supreme Court, which was subsequently dismissed on01/09/04.


On 10/16/02, Asay filed a 3.850 Motion in the State CircuitCourt, which was denied on 02/17/04. 


On 03/19/04, Asay filed a 3.850 Motion Appeal in the FloridaSupreme Court, who affirmed the denial on 12/20/04.


On 02/11/05, Asay filed a Petition for Writ of Habeas Corpuswith the U.S. District Court, Middle District. On 07/02/09, the USDC granted astay and administratively closed the petition pending the decision in Hollandv. Florida. On 11/02/09, the petition was reopened and is currently pending.


On 08/18/09, Asay filed a Petition for Writ of Certiorariwith the United States Supreme Court, which was denied on 11/02/09.


Institutional Adjustment: 


DATE            DAYS            VIOLATION                                    LOCATION

--------            ----                 ----------------------------                        ------------------- 

04/26/89         60                   POSS. OFNARCOTICS                  FSP

01/21/91         30                   DISRESP. TO OFFICIALS             FSP

11/22/91         30                   DISORDERLY CONDUCT            FSP

12/07/93         0                     DISRESP. TO OFFICIALS             UNION CI

12/07/93         0                     POSS. OF NARCOTICS                  UNION CI

12/23/96         0                     POSS. OF CONTRABAND             UNION CI

01/28/96         0                     DISOBEYING ORDER                   UNION CI

03/22/96         10                   DISOBEYING ORDER                   UNION CI

02/16/99         180                 REF. SUB ABUSETEST                 UNION CI

07/19/99         0                     DISRESP. TO OFFICIALS             UNION CI

12/07/03         0                     POSS. OF CONTRABAND             UNION CI




10/23/01 – ew

10/25/01 – approved – ws

06/29/10 – updated – kkr