Can a defendant waive a federal constitutional right that was unknown and unrecognized at the time?

QUESTIONS PRESENTED 1. Can a defendant in a state capital sentencing proceeding voluntarily, knowingly, and intelligently waive a federal constitutional right that was both unknown to the defendant and unrecognized by the state courts at the time of the purported waiver? 2. Does a Florida capital defendant’s waiver of an advisory penalty jury prior to Hurst v. Florida, 136 S. Ct. 616 (2016), impose a prospective waiver of the defendant’s constitutional right to penalty-jury fact-finding under Hurst? ii