DueProcess Punishment HabeasCorpus JusticiabilityDoctri
Does a Florida death sentence imposed pursuant to the capital sentencing scheme overruled in Hurst v. Florida, 136 S. Ct. 616 (2016), in a case where (1) the jury was repeatedly instructed that its recommendation was merely advisory and the fact-finding required for a death sentence was the sole responsibility of the trial judge, and (2) the trial judge later acknowledged that she shifted her responsibility for a death sentence to the appellate court, violate the Eighth Amendment in light of Caldwell v. Mississippi, 472 U.S. 320 (1985)?
QUESTION PRESENTED Does a Florida death sentence imposed pursuant to the capital sentencing scheme overruled in Hurst v. Florida, 136 S. Ct. 616 (2016), in a case where (1) the jury was repeatedly instructed that its recommendation was merely advisory and the factfinding required for a death sentence was the sole responsibility of the trial judge, and (2) the trial judge later acknowledged that she shifted her responsibility for a death sentence to the appellate court, violate the Eighth Amendment in light of Caldwell v. Mississippi, 472 U.S. 320 (1985)? i