Whether the Florida Supreme Court's rationale in Foster v. State mirrors the overruled rationale of Hildwin v. Florida and reveals that Florida continues to treat the elements of capital murder as sentencing factors

QUESTIONS PRESENTED CAPITAL CASE 1. Whether the Florida Supreme Court’s rationale in Foster v. State, 258 So. 3d 1248 (Fla. 2018), mirrors the overruled rationale of Hildwin v. Florida, 490 U.S. 638 (1989) and reveals that Florida continues to treat the elements of capital murder as sentencing factors? 2. Whether the Florida Supreme Court’s application of Foster v. State here constitutes a denial of Federal Due Process under the Eighth and Fourteenth Amendments to the U.S Constitution? i