For whatever it is or isn't worth, I'm 100% certain she will not be granted a retrial, at least of the guilt phase, which in her case means no chance at freedom, ever.
I. Her 2 paths to a second shot at anything:
1. A successful appeal to the AZ SC (which isn't going to agree to hear her case), which is why she's apparently already preparing for option 2 of 2:
2. Post Conviction Relief (PCR). I've posted this umpty ump times, but one last time. She isn't guaranteed even a hearing on whatever she comes up with in her petition for a PCR.
The trial judge (JSS in this case) is the sole person who decides the petition's merits & whether to grant any hearing of any kind.
II. The only 2 grounds available for her to base her arguments for a new trial, etc., are:
a. Ineffective counsel
b. New evidence, that couldn't have been known at the time of trial, AND, that if known, would have more likely than not have changed the jury's verdict.
Context: PCR's are successful in AZ no more often than about one (1) percent of the time. The end, really. And if you look at the political context of this trial, the end about 1,000x times over. Getting rid of JM is only the most recent indication of just how DONE & OVER the AZ legal system is with the p.o.butcherer.
Nurmi's (real) disbarment offences occurred post trial. Whatever else can or can't be said about him, he provided her a "vigorous" defense," one that will be unassailable when & if it is heard in PCR considerations, especially when/if heard by Nurmi- battered JSS.
III. Last word on this. Even if every single outrageous, unsupported, unproven & IMO entirely unethical charge against JM levied by the unethical Karen Clark were in some parallel, abstract universe, true & accurate? Wouldn't make any difference whatsoever legally. Because:
1. JM agreed to be disbarred BEFORE any one of those charges against him was litigated by the Bar at ( a Bar) trial.
2. JM's attorney expressly stated that JM's acceptance of the disbarment penalty was NOT an acknowledgement of wrongdoing that had any bearing on any criminal proceedings of any kind (including p.o. butcherer's trial).
3. NONE- as in zero, nothing, not any- of the baseless & legally unproven allegations against JM had ANYTHING to do with her guilt phase trial. Meaning, her guilt phase trial verdict of GUILTY remains & will remain 100% intact.
IV. What's left? The sentencing phase verdict. Ditto the above (plus other reasons) the first round mistrial. Intact.
As for the 2nd mistrial sentencing verdict. I think even AZLawyer was puzzled about whether or not AZ law even would permit p.o.butcherer a sentencing retrial.
Hers was a DP trial. In AZ, the State only gets 2 attempts to secure a DP verdict. No 3rd attempt is permitted. After 2 mistrials, it was up to JSS, and the default penalty she had to decide was LWOP, or........LWOP, since AZ currently does not permit parole in DP cases.
In order to prevail, the burden of proof would be on the convicted murderer to prove (after other insurmountable barriers, see above, and toss in the COA's ruling on excess publicity, etc) that she was in essence deprived of a just sentence. She can't prove that because she wasn't. She escaped the DP. JSS sentenced her appropriately, as in, the only sentence that was available according to AZ law.
All that is why I'm 100% confident her verdict & sentence are 100% locked in stone airtight, done.
Whatever satisfaction the butcherer has derived from seeing Nurmi & JM disbarred (however different the reasons & circumstances for each), it's all the external satisfaction she'll ever receive, for however long it is before she dies in prison, and for however long it is before ALL of us forget everything about her and this case other than a vague general memory of a good man, Travis, was it?, who was brutally murdered by a sociopathic ex-waitress, whatzername.