Philmore v. Florida

Issues: (1) Whether Florida violated the petitioner’s and similar situated defendants’ Eighth Amendment rights, and their equal protection and due process rights as guaranteed by the 14th Amendment, by denying the opportunity for full briefing of relevant, life-or-death, Hurst v. Florida issues; and (2) whether the Eighth and 14th Amendments require the petitioner and other similarly situated defendants to receive Hurst relief based on the Supreme Court’s decision in Caldwell v. Mississippi in light of the evolving standards of decency, equal protection, and the Eighth Amendment’s prohibition against cruel and unusual punishment when the advisory panel at the penalty phase of trial was repeatedly instructed in violation of Caldwell.