I don't think you are.
But I'm having trouble understanding what the qualms are. Are you saying it's wrong for the state to retry the sentencing phase, almost amounting to double jeopardy, or thsts it's wrong to ask a new jury who wasn't peesent in the guilt phase to make the decision between life or desth?
I personally don't see the proglem. A hung jury is not a decisions either way. It's a mistrial. In the guilt phase mistrials allow the state to try again and again until a unanimous verdict is reached. Here they are limited anyway. You wouldn't make the state call it if there was a mistrial for any other reason.
I also fail to see the issue with jury questions. They are the ones who are making the decisions and need all the facts and as much information as possible and if they feel there is something that wasn't addressed that they want to know I thibknits a good thing to allow them to ask about it. If they are asking for something that they can't ask, their question just isn't asked so there is no problem there. I think it's a valuable thing.