Where the trial court in a capital case allows the State to present and argue an invalid aggravating factor to the jury in support of a death sentence, and where the defendant argues on appeal that Brown v. Sanders controls the harmless error analysis, does the appellate court's failure to adhere to the parameters for the analysis set out in Brown v. Sanders violate the Eighth and Fourteenth Amendments to the United States Constitution?

Where the trial court in a capital case allows the State to present and argue an invalid aggravating factor to the jury in support of a death sentence, and where the defendant argues on appeal that Brown v. Sanders controls the harmless error analysis, does the appellate court’s failure to adhere to the parameters for the analysis set out in Brown v. Sanders violate the Eighth and Fourteenth Amendments to the United States Constitution?