There has to be a period of reflection. The FL jury instructions on 1st Degree Murder include the following:
Killing with premeditation is killing after consciously deciding to do so. The decision must be present in the mind at the time of the killing. The law does not fix the exact period of time that must pass between the formation of the premeditated intent to kill and the killing. The period of time must be long enough to allow reflection by the defendant. The premeditated intent to kill must be formed before the killing.
Link please?
And one would have to get the duct tape
Or have placed it in the area in advance,
Tear off piece one, put the tape down, apply the tape,
Reach for the tape a second time, tear off piece two, apply it,
and then reach for it a third time and apply it.
Alternatively defendant gathered items needed, tore three lengths of tape in advance, and then individually applied them.
Suffocation takes several minutes, 3 to 7 minutes.
During this time the victim would thrash about violently while their oxygen levels depleted and the carbon dioxide level became fatal.
Alternatively defendant drugged the victim prior to suffocation and applied the tape to unconscious body, which of course requires having the drug/poison available and dosing the victim with it.
During the several minutes that death would take the defendant did not attempt to remove the tape
Nor did she attempt to resuscitate victim
Nor did she call for medical help.
All require conscious decision making and provide ample opportunity to reflect and change course.
I promise you that leaving her child to rot in the woods until the exact cause of death could not be determined will not benefit her in the jury room. They only need to believe beyond a reasonable doubt that she willfully killed her child and the defense is not going to have a alternative scenario that provides reasonable doubt. The only way to say it was an accident would be for the defendant to say it was, and if you note she is also indicted under the aggravated child abuse statute (becomes a capital crime when the victim dies) and aggravated manslaughter (which would cover accidents that appropriate attempts at medical care were not sought or death caused by the defendants negligence).