A hearing is set for Thursday to discuss the death penalty in a Volusia County murder case.
The Supreme Court ruled that Florida's death penalty law is unconstitutional.
Now Luis Toledo's defense team wants his trial put on hold as the state figures out what will happen with all future cases.
Toledo is charged with 2 counts of first degree murder and 1 count of 2nd degree murder in the deaths of his wife Yesseina Suarez and her two children.
The family vanished from their Deltona home in 2013 but their bodies have never been found.