In Arizona v. Washington, 434 U.S. 497, 98 S.Ct. 824, 54 L.Ed.2d 717 (1978) this Court addressed under what circumstances the Double Jeopardy Clause permits a defendant to be retried after a mistrial was declared due to defense counsel's inadmissible comment which "may have affected the impartiality of the jury." 434 U.S. at 511. Petitioner's case presents a counter-scenario to Washington: whether, and under what circumstances, a defendant may be retried after a mistrial was declared due to the jury hearing admissible evidence.

Whether the Double Jeopardy Clause permits a defendant to be retried after a mistrial was declared due to the jury hearing admissible evidence