1. Does the Florida Supreme Court's holding that a Hurst error is per se harmless where a jury issues a generalized unanimous recommendation for death – after receiving instructions that the judge would make both the findings of facts necessary for a death sentence and render the final decision on the death penalty —contravene the Eighth Amendment under Caldwell v. Mississippi , 472 U.S. 320 (1985) ?

2. Did the refusal of the Florida courts to consider the proffered scientific and sociological evidence to refute the notion of harmless Hurst error in this case result in violation s of due process under the Fifth and Fourteenth Amendments to the United States Constitution?

Whether Florida's application of harmless error review to a unanimous jury recommendation of death violates the Sixth Amendment right to jury trial as established in Hurst v. Florida