Read the following excerpt from a US court opinion:
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a jury; otherwise, it is considered to have demanded a jury trial on all the issues so triable. If the party has demanded a jury trial on only some issues, any other party may-within 10 days after being served with the demand or within a shorter time ordered by the court-serve a demand for a jury trial on any other or all factual issues triable by jury. (d) Waiver; Withdrawal. A party waives a jury trial unless its demand is properly served and filed. A proper demand may be withdrawn only if the parties consent. Fed.R.Civ.P. 38. Although ues will not give rise to a demand for a jury trial. Fredieu v. Rowan Cos., 738 F.2d 651, 653 (5th Cir.1984). “New issues” do not relate to new theories of recovery. Id.; Trixler Brokerage Co. v. Ralston Purina Co., 505 F.2d 1045, 1050 (9th Cir.1974) . Rather, Rule 38(b) is concerned with issues
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What is the most suitable continuation to the opinion? Your options are:
A. holding party should not rely on courts power to remand for new trial under iowa rule of appellate procedure 26 now rule 626 as a substitute for careful trial preparation and presentation of evidence
B. holding that an issue not raised on direct appeal of sentence is barred by the law of the case from presentation in a subsequent appeal
C. holding that the movant was not entitled to new trial under rule 59 based on a defense which if properly placed in issue would have affected the course of the jury trial
D. holding new trial should not have been granted because jury was properly instructed
E. holding that the presentation of a new theory does not constitute the presentation of a new issue on which a jury trial should be granted as of right under  rule 38b
Reply with [A, B, C, D, E] only.