AdministrativeLaw DueProcess Punishment HabeasCorpus Securities
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?
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 Hurst 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)? 3. Do Hurst v. Florida and Hurst v. State require that Caldwell v. Mississippi be retrospectively applied in Florida to preserved claims? i