Whether a waiver to an advisory, non-unanimous jury verdict lacking in any fact finding requirement under a death penalty scheme later determined to be unconstitutional by this Court in Hurst v. Florida, 136 S. Ct. 616 (2016) because the scheme denied a capital defendant the right to jury fact-finding, and subsequent statutory law added the requirement of a unanimous jury verdict, can be knowing and voluntary?

QUESTION PRESENTED Whether a waiver to an advisory, non-unanimous jury verdict lacking in any fact finding requirement under a death penalty scheme later determined to be unconstitutional by this Court in Hurst v. Florida, 136 S. Ct. 616 (2016) because the scheme denied a capital defendant the right to jury fact-finding, and subsequent statutory law added the requirement of a unanimous jury verdict, can be knowing and voluntary? i