DueProcess Punishment Securities
Whether the Sixth Amendment error identified by this Court in Hurst v. Florida is a structural defect that infects the entire constitutionality of the trial mechanism and thus not amenable to harmless error review?
QUESTIONS PRESENTED--CAPITAL CASE 1. Whether the Sixth Amendment error identified by this Court in Hurst v. Florida is a structural defect that infects the entire constitutionality of the trial mechanism and thus not amenable to harmless error review? 2. Whether, in the wake of Hurst v. Florida, this Court’s decision in Caldwell v. Mississippi is applicable in Florida? 3. Whether defendants sentenced to death pursuant to Florida Statute §921.141, were convicted of capital murder subjecting them to the death penalty, or whether the fact that the jury did not unanimously find all of the elements required to convict of capital murder mandates that such defendants were only convicted of murder and are therefore ineligible for the death penalty? 4, Whether the elements of capital first degree murder must be found unanimously by a jury in order to render a valid death sentence? i