DueProcess Punishment JusticiabilityDoctri
Is the Florida Supreme Court's understanding of the proper holistic evaluation to assess a capital defendant's intellectual disability consistent with Hall v. Florida and the Eighth Amendment?
QUESTIONS PRESENTED 1. Is the Florida Supreme Court’s understanding of the proper holistic evaluation to be conducted in order to assess a capital defendant’s intellectual disability consistent with Hal] v. Florida and the Eighth Amendment? 2. Does the Florida Supreme Court’s statutory construction in Hurst v. State constitute substantive law and, if so, does the Due Process Clause of the Fourteenth Amendment require that this substantive law govern the law in existence in 1992, when Mr. Franqui’s offenses were charged? 3. Whether the Florida Supreme Court’s recession from Hurst v. State in State v. Poole violates the Eighth Amendment as it relates to the jury’s role of finding statutorily required facts beyond a reasonable doubt in order to authorize a sentence of death? i