Whether Mr. Foster's death sentence is unconstitutional because it violates the Eighth Amendment and the Due Process Clause

QUESTION PRESENTED 1. Whether Mr. Foster’s death sentence is unconstitutional because it violates the Eighth Amendment and the Due Process Clause where the jury did not make the requisite findings of fact unanimously and beyond a reasonable doubt of all the elements necessary to convict him of capital first degree murder and render a valid death sentence? ii