REEVES

v.

UNITED STATES

Citator

Cited By

• Dusty Ray Spencer v. State, 645 So. 2d 377 (Fla. 1994)
  …l that may be formed in a moment and need only exist for such time as will allow the accused to be conscious of the nature of the act about to be committed and the probable result of that act. Asay v. State, 580 So. 2d 610, 612 (Fla.), cert. denied, 502 U.S. 895, 112 S.Ct. 265, 116 L.Ed.2d 218 (1991); Wilson v. State, 493 So. 2d 1019, 1021 (Fla.1986). Whether a premeditated design to kill was formed prior to a killing is a question of fact for the jury that may be established by circumstantial evidence. 580…
• Asay v. State, 210 So. 3d 1 (Fla. 2016)
  …ussion, that no relief was warranted as to the remaining three claims. Id at 612 n.1, 613-14. On June 21, 1991, this Court denied Asay’s motion for rehearing, and the United States Supreme Court denied certiorari on October 7, 1991. Asay v. Florida, 502 U.S. 895, 112 S.Ct. 265, 116 L.Ed.2d 218 (1991). In 1993, Asay filed a motion for postcon-viction relief3 pursuant to Florida Rule of Criminal Procedure 3.850 and an amended motion, raising twenty claims. Asay v. State (Asay II), 769 So. 2d 974, 977-78 & n.…

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• Mungin v. State, 689 So. 2d 1026 (Fla. 1995)
  …that may be formed in a moment and need only exist for such time as will allow the accused to be conscious of the nature of the act he is about to commit and the probable result of that act.” Asay v. State, 580 So. 2d 610, 612 (Fla.), cert. denied, 502 U.S. 895, 112 S.Ct. 265, 116 L.Ed.2d 218 (1991). In a case such as this one involving circumstantial evidence, a conviction cannot be sustained — no matter how strongly the evidence suggests guilt — unless the evidence is inconsistent with any reasonable hy…