Whether it is a violation of due process to detain a person under a statute that classifies an offense as a capital felony where the death penalty is unconstitutional

QUESTIONS PRESENTED FOR REVIEW WHETHER IT IS A VIOLATION OF DUE PROCESS OF LAW TO DETAIN A PERSON UNDER THE AUTHORITY OF A STATUTE THAT CLASSIFIES THE OFFENSE A CAPITAL FELONY WHERE THE DEATH PENALTY HAS BEEN FOUND BY THE UNITED STATES SUPREME COURT TO BE UNCONSTITUTIONAL AS PUNISHMENT FOR THE OFFENSE? WHETHER THE FLORIDA LEGISLATURE HAS THE POWER TO STATUTORILY CLASSIFY A CRIMINAL OFFENSE AS A CAPITAL FELONY WHERE DOING SO CONFLICTS WITH THE CONSTITUTIONAL STANDARDS SET BY THE UNITED STATES SUPREME COURT? WHETHER THE UNITED STATES SUPREME COURT MAY REQUIRE STATE COURTS TO FOLLOW STATE LAWS UNDER FEDERALISM AS A MATTER OF DUE PROCESS? Page 2 of 13 ¥