Whether accepting a defendant's waiver of jury trial rights in a death penalty case violates fundamental constitutional protections when based on misinformation, and whether Florida's capital sentencing scheme requires factfinder determination of aggravating factors beyond a reasonable doubt

I. Whether accepting a defendant ’s waiver of the right to a trial by jury and the jury’s full consideration of mitigating evidence in a death penalty case violates a defendant’s fundamental rights to a fair trial, individualized sentencing determination, and due process, as well as this Court ’s requirement of vo luntary, knowing, and intelli gent waivers of constitutional rights, when the waivers are based on misinformation about an existing fact and that misinformation is not corrected before the waivers are accepted. II. Whether , considering the operation and effect of Florida’s capital sentencing scheme, the Due Process Clause requires the factfinder to determine beyond a reasonable doubt that sufficient aggravating factors exist and that aggravating factors outweigh mitigating circumstances before the sentencer can choose to impose the death penalty , pursuant to Apprendi v. New Jersey , 530 U.S. 466, 47685, 490, 494 n.19 (2000) and Ring v . Arizona, 536 U.S. 584, 60305, 609 (2002). ii STATEMENT OF