Whether Alabama's capital sentencing scheme is unconstitutional under Hurst v. Florida and Caldwell v. Mississippi

QUESTIONS PRESENTED 1. Under Hurst v. Florida, 136 8. Ct. 616 (2016), and Caldwell v. Mississippi, 472 U.S. 320 (1985), is Alabama’s capital sentencing scheme constitutional, where the trial court makes the ultimate factual finding necessary to impose the death penalty weighing the aggravating factors against the mitigating factors and the jury was relieved of the ultimate weight of its decision by being instructed that its vote regarding life or death was a mere “recommendation?” 2. Does Hurst apply retroactively to cases that became final before Hurst, Apprendi v. New Jersey, 530 U.S. 466 (2000), and Ring v. Arizona, 536 U.S. 584 (2002)? 3. In light of this Court’s holdings that, under evolving standards of decency, only the most culpable offenders may be sentenced to death, does the Eighth Amendment permit the execution of a non-shooter who was neither present for nor directed the shooting, and where the triggerman has since had his death sentence reduced to a life sentence? i