Is the defendant convicted due to double jeopardy violation?

questions for review: 1. Is the defendant convicted due to double jeopardy violation? 2. Is it a due process violation and/or a double jeopardy violation to retry a defendant on the basis of statements made in declarations generated by the prosecutor after a trial is completed, when the statements in the prosecutor’s declarations contradict what is reported in the court proceedings and recorded in the trial transcript? 3. When the Court declares a mistrial and afterwards discovers: 1) the jury is unanimous on the charged crime, 2) the jury has voted on it, 3) there are no guilty votes for it, does the Court abort the trial prematurely and subject the defendant to a double jeopardy violation, when he discharges the jury instead of receiving their verdict on the charged crime because he has already declared a mistrial? Following subsidiary questions came out events that spawned the primary questions: 1. Is it legally possible to include jury instructions for lesser included offenses which are ruled out by the evidence for the charged offense; is it a violation of due process and/or double jeopardy protections when the evidence supporting the charged crime rules out the lesser included offenses? Is it legally possible for a prosecutor to present two theories to a jury, one supporting the charged crime and one supporting the lesser included offenses, when the two theories are supported by contradictory underlying facts, making the two theories inconsistent at their core and mutually exclusive; is it a violation of due process and/or double jeopardy protections when a prosecutor presents two such inconsistent and contradictory theories to a jury? 2. Is it legally valid to use emotional appeal on a jury to make up for lack of evidence? 1