THe State was barred from seeking the Death Penalty because the original jury sentenced her to Life, and no new evidence was presented in this case. So, there was no need to ask the 'SUPPORT" question since there was no possibility of a Death Penalty sentence.
I don't believe that is true. A new trial is a trial de-novo. The findings of the last jury are irrelevant. It is as if there has been no previous trial. Her guilt was back on the table. Therefore if the latter jury had found her guilty, they would be free to impose whatever penalty that the prosecution had asked for.
Jude, you are still studying this stuff. Correct me if I'm wrong. But I do believe the prosecution could have requested the death penalty, they just didn't think they'd get it. They would have if I were on the jury.