Jacksonville man's execution put on hold

A stay of execution has been granted for the Jacksonville man convicted of killing two people in 1987.

Mark Asay’s attorney argued a number of positions to the Florida Supreme Court Wednesday, including that Asay’s death sentence can’t be upheld because the Supreme Court ruled Florida’s death penalty sentencing process unconstitutional. He also raised some evidentiary matters.

The order granting the stay of execution doesn't specifically give the reason. The March 17^th execution is now on hold "pending further order" from the Florida Supreme Court, according to the document.

Asay's is now the second execution to be delayed while the State works to figure out a new death penalty sentencing scheme. In February, Michael Lambrix had his sentence held in a similar manner.

The US Supreme Court determined in January that Florida’s process is flawed because juries are advisory, and the judge can reach a different conclusion. The Court also took issue with the judge being able to consider other factors outside of what the jury did.

The State Attorney's Office for the Fourth Circuit- which includes Duval, Clay, and Nassau counties- told WOKV after the SCOTUS ruling that it didn't affect how they would continue to seek the death penalty on cases. They believed cases like Asay, which had already gone through many appeals, wouldn't be affected.

We reached out to get a reaction to the Florida Supreme Court ruling, but a Spokeswoman says they’re waiting for the full court opinion before commenting.

Some cases are citing the ruling before they even face trial. An attorney for Donald Smith- who's awaiting trial for the kidnapping, rape, and murder of 8-year-old Cherish Perrywinkle- argued in front of a judge Tuesday that the State should be barred from seeking the death penalty because of the SCOTUS ruling. A judge has not yet issued a ruling on that.

Florida lawmakers are working during this legislative session to put a new sentencing system in place. The Florida Senate has rejected a proposal to have a unanimous jury recommendation, but may be moving toward a system where 10 of 12 jurors would have to recommend execution.