`Cite as: 585 U. S. ____ (2018)
`SOTOMAYOR, J., dissenting
`No. 17–8148. Decided June 18, 2018
` The petition for a writ of certiorari is denied.
` JUSTICE SOTOMAYOR, dissenting from the denial of
` Like a number of other capital defendants in Florida,
`petitioner Leo Louis Kaczmar has raised an important
`Eighth Amendment challenge to his death sentence that
`went unaddressed by the Florida Supreme Court. Specifi-
`cally, he argues that the jury instructions in his case
`impermissibly diminished the jurors’ sense of responsibil-
`ity as to the ultimate determination of death, in violation
`of Caldwell v. Mississippi, 472 U. S. 320 (1985). I have
`thrice dissented from this Court’s unwillingness to inter-
`vene in the face of the Florida Supreme Court’s failure to
`address this important question. See Guardado v. Flor-
`ida, 584 U. S. ___, ___ (2018); Middleton v. Florida, 583
`U. S. ___, ___ (2018); Truehill v. Florida, 583 U. S. ___, ___
`(2017). Recently, “[i]n light of the dissenting opinions to
`the denial of certiorari,” the Florida Supreme Court in
`another capital case finally set out to “explicitly address”
`the Caldwell claim. Reynolds v. State, ___ So. 3d ___, n. 8,
`2018 WL 1633075, *5, n. 8 (Apr. 5, 2018) (per curiam).
`The resulting opinion, however, gathered the support only
`of a plurality, so the issue remains without definitive
`resolution by the Florida Supreme Court. Thus, for the
`reasons previously stated in Truehill, Middleton, and
`Guardado, I again respectfully dissent from the denial of

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