Whether the Florida Supreme Court's application of only partial retroactivity of Hurst v. State and Hurst v. Florida violates the Eighth and Fourteenth Amendments

QUESTION PRESENTED 1. Whether the Florida Supreme Court’s application of only partial retroactivity of Hurst v. State and Hurst v. Florida violates the Eighth and Fourteenth Amendments because it arbitrarily uses as the cutoff point for retroactivity an earlier decision invalidating Arizona’s capital sentencing scheme under the Sixth Amendment, and results in the disparate treatment of similarly situated individuals. : ;