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

Summary

The dissent would have stayed the execution because the United States Supreme Court had not resolved the pending certiorari petition, Asay had not received complete discovery concerning Florida's newly adopted lethal-injection protocol, and his death sentences rested on nonunanimous 9-3 jury recommendations. It reasoned that the jury recommendations were constitutionally unreliable and that the incomplete discovery prevented a full and fair challenge to the protocol under the prohibition against cruel and unusual punishment. The dissent also would have applied the relevant constitutional protections retroactively to Asay. No separate opinion was provided in the record.