When a capital defendant's death sentence is vacated and the case is remanded for a new sentencing at which the death penalty is an available sentence, does the defendant have a constitutional right under Skipper to present evidence of her good behavior in prison?

QUESTION PRESENTED A person facing a death sentence has a constitutional right to present evidence of her “well-behaved and peaceful adjustment to life in prison” because that evidence is “by its nature relevant to the sentencing determination.” Skipper v. South Carolina, 476 U.S. 1, 7 (1986). Heather Leavell-Keaton was sentenced to death in 2015, but her sentence was vacated on direct appeal. She was sentenced to death again in 2021 after she was denied the opportunity to present any evidence of her good behavior in prison between 2015 and 2021. The Alabama Court of Criminal Appeals affirmed her 2021 death sentence, citing a division among state and federal courts interpreting Skipper, and an “absence of guidance from the United States Supreme Court.” Keaton v. State, No. CR-14-1570, 2021 WL 5984951, at *67 (Ala. Crim. App. Dec. 17, 2021). The question presented is: When a capital defendant’s death sentence is vacated and the case is remanded for a new sentencing at which the death penalty is an available sentence, does the defendant have a constitutional right under Skipper to present evidence of her good behavior in prison? i