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. Pooler's offenses were charged?

QUESTIONS PRESENTED 1. 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. Pooler’s offenses were charged? 2. Whether the Florida Supreme Court’s recession from Hurst v. Statein 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