Does gross negligence satisfy the intent requirement for double jeopardy?

QUESTIONS PRESENTED (Capital Case) 1. Does gross negligence on the part of the State satisfy the intent requirement as set forth in Oregon v. Kennedy, 456 U.S. 667 (1982) so that double jeopardy attaches following defendant’s motion for mistrial? 2. Can a defendant who has been found to be competent to stand trial and presents only marginal mental health concerns be denied the right to self-representation as described by this Court in Faretta v. California, 422 U.S. 806 (1975)? ii