Is it a violation of the Fourteenth Amendment right to Due Process to allow a conviction to stand where some of the elements of the crime were not established by competent, substantial evidence, despite the specific issue not being captured for review in the Defendant's original pleadings?

QUESTION PRESENTED On direct appeal, Fla.R.App.P. 9.142(a)(5) requires the Florida Supreme Court in death penalty cases, “whether or not insufficiency of the evidence is an issue presented for review,” to review the issue and determine if relief is warranted. 1. Is it a violation of the Fourteenth Amendment right to Due Process to allow a conviction to stand where some of the elements of the crime were not established by competent, substantial evidence, despite the specific issue not being captured for review in the Defendant’s original pleadings? 2. Is it ineffective assistance of counsel and a violation of the Sixth Amendment for trial counsel to stipulate to a material fact when the State of Florida has only proven the fact by a preponderance of the evidence? ii