Whether the Florida Supreme Court's statutory construction in Hurst v. State constitutes substantive law, and if so, whether under the Due Process Clause of the Fourteenth Amendment this substantive law must be regarded as in effect at the time of Mr. Reed's alleged offense?

QUESTIONS PRESENTED--CAPITAL CASE In Hurst v. Florida, 136 S. Ct. 616 (2016), this Court held that Florida’s capital sentencing scheme was unconstitutional. On remand, the Florida Supreme Court in Hurst v. State, 202 So. 3d 40 (Fla. 2016), read the plain language of Hurst v. Florida and found that because the statutorily defined facts were necessary to increase the range of punishment to include a death sentence, proof of those facts was necessary “to essentially convict a defendant of capital murder.” Hurst v. State, 202 So. 3d at 53. Thus, the statutorily identified facts were essentially elements of a higher degree of murder. Hurst v. State, 202 So. 3d at 54. Some three years later, the Florida Supreme Court receded from the construction of the capital sentencing statute set out in Hurst v. State. Poole v. State, 297 So. 3d 487 (Fla. 2020). 1. Whether the Florida Supreme Court’s statutory construction in Hurst v. State constitutes substantive law, and if so, whether under the Due Process Clause of the Fourteenth Amendment this substantive law must be regarded as in effect at the time of Mr. Reed’s alleged offense? 2. Whether the Due Process Clause permits State v. Poole to retroactively change the construction of the Florida’s capital sentencing statute in Hurst v. State to Mr. Reed’s detriment? 3. Whether the erratic manner in which the Hurst v. State has been applied provides a principled way to distinction between those who receive a death sentence and those who do not in accord with the Eighth Amendment? i NOTICE OF RELATED CASES Per Supreme Court Rule 14.1(b) (iii), the following cases relate to this petition: Underlying Trial: Circuit Court of Duval County, Florida State of Florida v. Grover B. Reed, Case No. 86-6123-CF Judgement Entered January 9, 1987 Appellate Proceedings: Florida Supreme Court (Case No. 60-70,069) Reed v. State, 560 So. 2d 203 (Fla. 1990) Conviction and Sentence Affirmed: March 1, 1990 Petition for Writ of Certiorari: United States Supreme Court Reed v. Florida, 506 U.S. 802 (1990) Petition Denied: October 1, 1990 Initial Postconviction Proceedings: Circuit Court of Duval County, Florida State of Florida v. Grover Reed, Case No. 86-6123-CF Order Denying Motion Entered August 26, 1992 Appellate Proceedings: Florida Supreme Court (Case No. SC60-80,518) Reed v. State, 640 So. 2d 1094 (Fla. 1994) Remanded for Evidentiary Hearing: June 2, 1994 Proceedings on Remand: Circuit Court of Duval County, Florida State of Florida v. Grover Reed, Case No. 86-6123-CF Order Denying Motion Entered August 28, 2002 Appellate Proceedings: Florida Supreme Court (Case No. SC02-2191) Reed v. State, 875 So. 2d 415 (Fla. 2004) Affirmed: April 15, 2004 Petition for Writ of Certiorari: United States Supreme Court Reed v. Florida, 543 U.S. 980 (2004) Petition Denied: November 8, 2004 Federal Appellate Proceedings: Eleventh Circuit Court of Appeals (Case No. 09-10059) Reed v. Sec’y, Fla. Dept. of Corrs., 593 F.3d 1217 (11 Cir. 2010) Affirmed: January 11, 2010 ii Successive Postconviction Proceedings: Circuit Court of Duval County, Florida State of Florida v. Grover Reed, Case No. 86-6123-CF Order Denying Motion Entered September 9, 2011 Appellate Proceedings: Florida Supreme Court (Case No. SC11-2149) Reed v. State, 116 So. 3d 260 (Fla. 2013) Affirmed: February 28, 2013 Second Successive Postconviction Proceedings: Circuit Court of Duval County, Florida State of Florida v. Grover Reed, Case No. 86-6123-CF Order Denying Motion Entered March 1, 2017 Appellate Proceedings: Florida Supreme Court (Case No. SC17-896) Reed v. State, 259 So. 3d 718 (Fla. 2018) Remanded: November 15, 2018 Proceedings on Remand: Circuit Court of Duval County, Florida State of Florida v. Grover Reed, Case No. 86-6123-CF Order Denying Motion Entered March 27, 2019 Appellate Proceedings: Florida Supreme Court (Case No. SC19-714) Reed v. State, 297 So. 3d 1291 (Fla. 2020) Affirmed: March 19, 2020 iii