WHETHER THE BLACK LINE DRAWN BY THE FLORIDA SUPREME
COURT IN ASAY v. STATE, 210 S0.3d 1 (Fla. 2016), LIMITING THE
RETROACTIVE EFFECT OF HURST v. FLORIDA, 577 U.S. —, 136 S.Ct.
616 (2016), TO DEATH SENTENCES THAT WERE FINAL AFTER THE
DECISION IN RING v. ARIZONA, 536 U.S. 384 (2002), BUT NOT BEFORE
VIOLATED THE SUBSTANTIVE DUE PROCESS CLAUSE AND EQUAL
PROTECTIVE CLAUSE OF THE FIFTH AMENDMENT, SIXTH
AMENDMENT RIGHT TO JURY TRIAL, AS WELL AS THE
PROHIBITION AGAINST CRUEL AND UNUSUAL PUNISHMENT IN
THE EIGHTH AMENDMENT APPLICABLE TO THE STATES
THROUGH THE FOURTEENTH AMENDMENT.

Whether the retroactive application of Hurst v. Florida was unconstitutionally limited