Does a death sentence imposed by a judge who made fact-findings not made unanimously by the jury who recommended a death sentence comport with Hurst and Ring?

QUESTIONS PRESENTED “The Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death.” Hurst v. Florida, 136 S. Ct. 616, 619 (2016); Ring v. Arizona, 536 U.S. 584 (2002). Mr. Morrow’s jury returned a verdict that imposed a single sentence of death, but failed to establish that it had unanimously found that either of the underlying murder offenses merited such a sentence, as required by Georgia law. Acknowledging the jury’s error, Mr. Morrow’s trial judge tried to correct the defective verdict by choosing the underlying crime that he thought merited that sentence and imposing it accordingly. The questions presented are this: 1. Does a death sentence imposed by a judge who made factfindings not made unanimously by the jury who recommended a death sentence comport with Hurst and Ring? 2. Do the Eighth and Fourteenth Amendments require a unanimous jury determination in order to impose a death sentence? 1