AdministrativeLaw DueProcess Punishment HabeasCorpus Privacy
Whether the Florida Supreme Court's partial retroactivity decision that limits the class of death-sentenced individuals entitled to a jury determination of their sentence pursuant to Hurst v. Florida violates the Eighth and Fourteenth Amendments
QUESTIONS PRESENTED 1. Whether the Florida Supreme Court’s partial retroactivity decision that limits the class of death-sentenced individuals entitled to a jury determination of their sentence pursuant to Hurst v. Florida, 136 S. Ct. 616 (2016), violates the Eighth and Fourteenth Amendments to the United States Constitution. 2. Whether structural error occurs when, after having been affirmatively misled regarding its role in the sentencing process so as to diminish its sense of responsibility, the jury fails to return a verdict as to multiple critical elements necessary to impose the death penalty. 3. Whether structural error occurs when, after having been affirmatively misled regarding its role in the sentencing process so as to diminish its sense of responsibility, the jury fails to unanimously return factual findings or a unanimous verdict for the death penalty. i