Whether the Florida Supreme Court's application of a per se harmless-error rule to violations of Hurst v. Florida in pre-Hurst cases violates the Eighth Amendment under Caldwell v. Mississippi

QUESTIONS PRESENTED L Does the Florida Supreme Court’s application of a per se harmless-—error rule to violations of Hurst v. Florida, 136 S. Ct. 616 (2016), in every pre—Hurst case in which the capital defendant’s advisory jury, after being instructed that the findings of fact and sentencing decision would be made by the judge alone, voted unanimously to recommended the death penalty, violate the Eighth Amendment under Caldwell v. Mississippi, 472 U.S. 320 (1985)? 2. Does the Florida Supreme Court’s application of a per se harmless-—error rule to Hurst violations contravene this Court’s decisions holding that harmless—error review cannot be automatic and mechanical, must include consideration of the whole record, and must be accompanied by a detailed explanation based on the record? i