Whether the Hurst error is harmless given the jury's diminished sense of responsibility as an advisory panel, resulting in a Caldwell v. Mississippi error

QUESTIONS PRESENTED On remand from the Florida Supreme Court’s decision in Hurst v. Florida, the Florida Supreme Court held, as a state constitutional consequence, that a death verdict could not be rendered without unanimous jury findings of the aggravating circumstances proven beyond a reasonable doubt and that the aggravating circumstances outweighed any mitigating circumstances, thereby warranting death. Before Hurst and its progeny, a panel rendered an advisory recommendation for life or death without making any findings of fact to support their recommendation. 1. The jury’s role in the sentencing process as merely an advisory panel diminished its sense of responsibility and its unanimous recommendation cannot be relied upon to find the Hurst error was harmless. In light of this Caldwell v. Mississippi, 472 U.S. 320 (1985) error, the Hurst error is not harmless. il