Whether there is an exception to this Court's holding in Burks v. United States, 437 U.S. 1, 11 (1978), when there was a change in the law as to the elements of the offense after the first proceeding was complete.

Whether the Double Jeopardy Clause permits a retrial when the record from a first trial is insufficient to support a conviction based on a legal development that occurred after the initial trial was complete