Given that the elements of capital murder identified by the Florida Supreme Court in Hurst v. State are being applied in a prosecution for a 1981 homicide, can Petitioner's death sentences remain intact given that his jury did not unanimously find the State had proven the elements of capital murder beyond a reasonable doubt in his prosecution for two 1990 homicides?

QUESTIONS PRESENTED 1. Given that the elements of capital murder identified by the Florida Supreme Court in Hurst v. State are being applied in a prosecution for a 1981 homicide, can Petitioner’s death sentences remain intact given that his jury did not unanimously find the State had proven the elements of capital murder beyond a reasonable doubt in his prosecution for two 1990 homicides? 2. Does Florida’s substantive criminal law identifying the elements of capital murder as set forth in Hurst v. State govern in the criminal prosecution of Petitioner for two 1990 homicides and invalidate his death sentences? iii