AdministrativeLaw DueProcess Punishment HabeasCorpus JusticiabilityDoctri
Whether the Florida Supreme Court's retroactivity analysis for Hurst violations violates due process, the Eighth Amendment, and the Equal Protection Clause
QUESTIONS PRESENTED 1. Does the Florida Supreme Court’s determination that the jury findings required by Hurst v. Florida and Hurst v. State enhance the reliability of decisions to impose death, but can only be retroactively applied to cases in which a death sentence was final after June 24, 2002 violate Due Process, the Eighth Amendment, and the Equal Protection Clause of the Fourteenth Amendment? 2. Does the Florida Supreme Court’s partial retroactivity analysis concerning AHurst violations violate the Supremacy Clause of the United States Constitution in light of this Court’s holdings in Montgomery v. Louisiana, 136 S. Ct. 718 (2016)? i