Whether Florida's capital sentencing scheme violates the Eighth Amendment

question presented in this case is whether, considering the operation and effect of Florida’s capital sentencing scheme, the Due Process Clause requires those additional determinations to be made beyond a reasonable doubt before the sentencer can choose to impose the death penalty, pursuant to Apprendi v. New Jersey, 530 U.S. 466, 476-85, 490, 494 n.19 (2000) and Ring v. Arizona, 536 U.S. 584, 603-05, 609 (2002). Ill. Whether the Florida Supreme Court improperly extended the holding of Pulley v. Harris, 465 U.S. 37, 50-51 (1984), to limit Mr. Bevel’s ability to argue to a jury that a death sentence was inappropriate. i STATEMENT OF