Professor Robert Weisberg is quoted by Brian Floyd in this Baseball Nation article on how a judge will have to look at the type of "misconduct" by the prosecution in the Roger Clemens perjury case in order to decide on whether to proceed with a retrial.

Tom Schoenberg and Ann Woolner at Bloomberg have spoken to lawyers who say that after the mistrial in his perjury case, Roger Clemens will probably have to face a jury yet again.

"A procedural goof-up shouldn’t preclude a retrial, unless the judge believes it involves intentional, egregious misconduct," [Stanford law professor Robert] Weisberg said, citing a Supreme Court ruling.