Johnston v. Florida

(1) Whether the Florida Supreme Court"s holding that a Hurst error is per se harmless when a jury issues a generalized unanimous recommendation for death, after receiving instructions that the judge would make both the findings of fact necessary for a death sentence and render the final decision on the death penalty, contravenes the Eighth Amendment under Caldwell v. Mississippi; and (2) whether 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 resulted in violations of due process under the Fifth and 14th Amendments to the United States Constitution.