Read the following excerpt from a US court opinion:
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P. 9(g). As a practical matter, the effect of a trial court’s finding that a defendant is mentally retarded is that the State loses the option to pursue the death penalty. Once a defendant is tried and judgment is entered, the State has no appeal as of right under the Tennessee Rules of Appellate Procedure. See Tenn. R.App. P. 3(c) (providing for State’s appeal as of right in limited circumstances, not including a trial court’s finding that a defendant is mentally retarded). Furthermore, even if a defendant were to appeal on other grounds and successfully obtain a retrial, the State would arguably be barred by principles of double jeopardy from seeking the death penalty in subsequent sentencing proceedings. See Arizona v. Rumsey, 467 U.S. 203, 212, 104 S.Ct. 2305, 81 L.Ed.2d 164 (1984) . Accordingly, denying the State an
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What is the most suitable continuation to the opinion? Your options are:
A. holding that where penalty phase jury deadlocked on sentence and trial court imposed default life sentence required by state law but conviction was later reversed neither double jeopardy nor due process barred new trial for capital murder with exposure to death penalty
B. holding that leaning towards the death penalty is not the same as an automatic vote for the death penalty
C. holding that a defendant must have notice that the trial court might sentence him to death
D. holding that if a trial court has rejected death as a possible sentence double jeopardy bars the state from seeking the death penalty at resentencing even where rejection of the death sentence was based on a legal error
E. holding that defendant may be subject to death penalty on resentencing
Reply with [A, B, C, D, E] only.