1. Given that the elements of capital murder set out by the Florida Supreme Court in Hurst v. State will govern as to whether James Card is guilty of capital murder when he committed a 1981 homicide and can receive a death sentence, can Petitioner's death sentence remain intact even though his jury was not instructed that the State had to prove all of the elements of capital murder beyond a reasonable doubt before it could return a death recommendation and authorize a death sentence on a homicide committed in 1992?

2. Is the finding in Hurst v. State that the longstanding statutorily required facts necessary to authorize death as a sentence are elements of the criminal offense of capital murder, a higher degree of murder for which death is an authorized sentence, substantive criminal law which under due process must be apply retrospectively to Petitioner and his death sentence for a 1992 homicide?

Whether Petitioner's death sentence can remain intact even though his jury was not instructed that the State had to prove all of the elements of capital murder beyond a reasonable doubt