Does the fundamental protection against double jeopardy, preserved in the Fifth Amendment to the United States Constitution, bar retrial when judicial misconduct leads to a defense request for a mistrial? Does that rule bar retrial even if a trial judge did not specifically intend to cause a defense mistrial motion? On these questions, this Court's past decisions are in noted conflict. To resolve it, should Oregon v. Kennedy, 456 U.S. 667 (1982), be limited to apply only in cases of prosecutorial misconduct?

QP: Does the Double Jeopardy Clause bar retrial when judicial misconduct leads to a defense-requested mistrial, even without specific intent to provoke such a motion?