Can a defendant who has been found not guilty of a charge under the Double Jeopardy Clause apply for a retrial after the grant of a mistrial?

MultiRegion, United States of America

The following excerpt is from U.S. v. Rolan-Tapia, 9 F.3d 1555 (9th Cir. 1993):

The Double Jeopardy Clause does not ordinarily bar retrial after the grant of a mistrial on defendants' motion. United States v. DiFrancesco, 449 U.S. 117,130 (1980); United States v. Jorn, 400 U.S. 470, 485 (1971). However, there is an exception to this general rule.
But we do hold that the circumstances under which such a defendant may invoke the bar of double jeopardy in a second effort to try him are limited to those cases in which the conduct giving rise to the successful motion for a mistrial was intended to provoke the defendant into moving for a mistrial.

Oregon v. Kennedy, 456 U.S. 667, 679 (1981).

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