DueProcess Punishment Securities JusticiabilityDoctri
Whether the Florida Supreme Court's statutory construction in Hurst v. State constitutes substantive law, and if so, whether the Due Process Clause of the Fourteenth Amendment requires that this substantive law govern the law in existence at the time of Mr. Wright's alleged offense?
QUESTIONS PRESENTED 1. Whether the Florida Supreme Court’s statutory construction in Hurst v. State constitutes substantive law, and if so, whether the Due Process Clause of the Fourteenth Amendment requires that this substantive law govern the law in existence at the time of Mr. Wright’s alleged offense? 2. Whether the erratic manner in which Hurst v. State has been applied provides a principled way to distinguish between those who receive a death sentence and those who do not in accord with the Eighth Amendment? i