re: Judge Declares Mistrial In Clemens Trial

Technically, I believe jeopardy attaches to a defendant in a criminal trial once a jury is seated, it does not require the return of a verdict. However,there are very limited circumstances under which a defendant will be successful with a double jeopardy claim in the case of a mistrial. I don't think the double jeopardy claim will work, but the prosecution may instead simply choose not to pursue a second trial, considering cost etc.