1, Given that the elements of capital murder which were identified by the Florida Supreme Court in Hurst v. State will be applied to determine if James Card is guilty of capital murder for a homicide committed in 1981 and subject to a death sentence, can Petitioner's death sentence remain intact given that his jury did not unanimously find the State had proven all of the elements of capital murder beyond a reasonable doubt and he has not been found guilty of capital murder for a homicide committed in 1981?

2. Is the finding that the longstanding statutorily required facts necessary to authorize a death sentence are elements of capital murder in Hurst v. State, substantive criminal law which must be apply retroactively to Petitioner and his death sentence on a 1981 homicide when his jury did not unanimously find the elements of capital murder were not found proven beyond a reasonable doubt?

Whether a death sentence can remain intact when the jury did not unanimously find the elements of capital murder proven beyond a reasonable doubt