Punishment JusticiabilityDoctri
Whether the Florida Supreme Court erred in reinstating a capital sentence issued under Florida's pre-2016 scheme
QUESTIONS PRESENTED I. Whether the Florida Supreme Court erred in reinstating a capital sentence issued under Florida’s pre-2016 scheme, in contravention of this Court’s holding in Hurst v. Florida, 136 S. Ct. 616 (2016), that such sentences violate the Sixth Amendment because the jury did not make the requisite death-eligibility findings, including that aggravating circumstances outweigh mitigating circumstances. II. Whether the Florida Supreme Court violated the Eighth Amendment in reinstating a capital sentence lacking a unanimous jury recommendation of death and based on a guilt-phase jury finding rendered without awareness of the consequences for capital sentencing. @)