A death penalty hypothetical for the Connecticut Supreme Court

Appellate judges are famous for asking hypothetical questions. They are a very important part of the oral argument process, as they help the judges understand how their decisions in particular cases may apply to future cases. Advocates rarely get to ask judges hypothetical questions, but I’m going to ask one anyway. It is directed to the esteemed justices of the Connecticut Supreme Court who [recently], in a 4-3 decision, abolished the death penalty. (I don’t expect an answer of course. This is just a thought experiment.)