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?

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?