Leo Louis Kaczmar, III v. Florida, et al.

CAPITAL CASE

1. Does the Sixth Amendment right to a properly instructed jury and the right to Due Process under the Fifth Amendment include the right to have the jury instructed on the prohibition against using electronic media to investigate the case when every jurisdiction in the United States, state and federal, requires this instruction?

2. Does the failure to properly instruct the jury as outlined above, coupled with the trial court’s refusal to allow jury interviews about the effect of that failure to instruct the jury, obviate the need to satisfy the prejudice requirement under Strickland when such a regime makes an inquiry impossible?

3. Does the failure to object to a prohibited instruction regarding a prior jury’s recommendation of death likewise require a finding of ineffective assistance of counsel when no inquiry on the effect of the instruction on the jury (the prejudice component of Strickland) is permitted?