Should the Court's holding in Oregon v. Kennedy be extended to prohibit a wider range of prosecutorial intent?

QUESTION PRESENTED This Court has long held that a mistrial declared in the face of manifest necessity does not generally prohibit a retrial under the Fifth Amendment. While it has recognized that a defense-requested mistrial caused by prosecutorial goading can raise an exception to this general rule, it has limited the availability of this remedy to those cases in which the record shows that it was the prosecutor’s specific intent to force the mistrial. Oregon v. Kennedy, 456 U.S. 667 (1982). This rule fails to reach significant acts of prosecutorial misconduct that impair the ability of the defendant to fairly pursue an acquittal. Should the Court’s holding in Oregon v. Kennedy be extended to prohibit a wider range of prosecutorial intent? ii STATEMENT OF RELATED CASES State of Texas v. Mark P. Howerton, No. 2019-CR-2399, 144th District Court, Bexar County, Texas. Mistrial declared December 12, 2019. Ex Parte Mark Howerton, No. 04-21-00409-CR, Fourth Court of Appeals, San Antonio, Texas. Judgment entered June 15, 2022. Ex Parte Mark Howerton, PD-0437-22, Court of Criminal Appeals of Texas. Petition refused October 26, 2022.