Whether due process prohibits Florida from excluding mens rea instruction from burglary charges or whether it is structural error for trial courts to refuse to submit an element to jurors if such element is essential, in dispute, and the topmost material consideration, highly capable of acquitting accused

QUESTION(S) PRESENTED . 8s. ---= . l CL.) WHETHER DUE PROCESS. PROHIBITS FLORIDA FROM . EXCLUDING MENS REA INSTRUCTION FROM BURGLARY _ | CHARGES OR WHETHER IT 1S STRUCTURAL ERROR FOR TRIAL CouRTS To REFUSE To SUBMIT AN ELEMENT To JURORS Ce | IF Suc ELEMENT 15 ESSENTIAL, IN DISPUTE, AND) AS THE _ | “TOPMOST MATERIAL CONSIDERATION, HIGHLY CAPABLE OF ACQUITTING ACCUSEDCo | CIE.) WHETHER, TENANCY CONTROVERTS THE NECESSARY MENS REA ELEMENT FoR THE CRIME OF BURGLARY OR WHETHER . | FAILURE TO SUFFICIENTLY REBUT A VULNERABLE TENANT'S : ‘AUTOMATICALLY REASONABLE BELIEF NEGATING MENS REA IS CAPARBLE, BY ITSELG OF RENDERING BURGLARY CONVICTION CONSTITUTIONALLY PROHIQITEDCHILD DOES CHARGING CONTRADICTORY SETS OF ALTERNATIVE INSTRUCTIONS; REQUIRING CONFLICTING LEGAL FINDINGS For THE SAME FACTS, BECOME CAPABLE, BY ITSELF, OF RENDERING TRIAL CONSTCTUTIONALLY INADEQUATE. CIV.) WHETHER DUAL THEORY LANGUAGE IN FLORIDA'S CAPITAL MURDER STATUTE AUTHORIZES UNUMITED OVERa RULING OF A STRUCTURAL RIGHT TO GRAND JURY . REINDI CTMENT. Cy.) WHETHER CUMULATIVE PREJUDICIAL EFFECT OF ERROR \S CAPABLE, BY (TSELF, OF RENDERING ATRIAL . CONSTITUTIONALLY INADEQUATE, : : 7 ii. : | LISTOFPARTIES | . a | DX All parties appear in the caption of the case on the cover page. a [ ] All parties do not appear in the caption of the case on the cover page. A list of | all