The defense would have to prove that "the error that prompted the mistrial is intended to provoke a mistrial or is `motivated by bad faith or undertaken to harass or prejudice' the defendant" in order for a mistrial to attach jeopardy, United States v. Dinitz, 424 U.S. 600, 611. Is the author of this article really a lawyer? She must have been absent the day they taught law.

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