Guardado v. Florida

(1) Whether the Florida Supreme Court"s per se harmless-error rule for violations of Hurst v. Florida"which deems errors harmless in every case in which the capital defendant"s pre-Hurst advisory jury, after being instructed that the findings of fact and sentencing decision would be made by the judge alone, unanimously recommended the death penalty"contravenes the Eighth Amendment under Caldwell v. Mississippi; (2) whether the Florida Supreme Court"s per se harmless-error rule for Hurst violations contravenes the Supreme Court"s decisions holding that harmless-error review cannot be "automatic and mechanical," Barclay v. Florida; must include consideration of the whole record, Rose v. Clark; and must be accompanied by "a detailed explanation based on the record," Clemons v. Mississippi.