I. WHETHER THE STATE TRIAL COURT AND APPELLATE COURT ERRONEOUSLY DETERMINED THAT THE FEDERAL DOUBLE JEOPARDY PROTECTION BARRING REPROSECUTION AS A RESULT OF PROSECUTORIAL MISCONDUCT INTENDED TO PROVOKE A MISTRIAL WAS NOT SHOWN.

II. WHETHER THE PROSECUTORIAL INTENT FACTOR OUTLINED IN Oregon v. Kennedy, 456 U.S. 667, 102 S.Ct. 2083, 72 L.Ed. 2d 416 (1982), IS TOO ONEROUS AND UNTENABLE TO SATISFY EVEN IN THE MOST EGREGIOUS INSTANCES OF PROSECUTORIAL MISCONDUCT AS ESTABLISHED IN THIS CASE, THUS GIVING RISE TO A COMPELLING REASON TO INVOKE THIS COURT'S JURISDICTION TO EXERCISE ITS SUPERVISORY AUTHORITY.

Whether the federal double jeopardy protection barring reprosecution as a result of prosecutorial misconduct intended to provoke a mistrial was not shown