Since Perez, however, the Supreme Court has held that jeopardy attaches before a verdict is rendered—specifically when the jury is impaneled and sworn. In doing so, it created an issue that did not obtain when Perez was decided: the effect of the double jeopardy clause on the retrial of cases that abort before verdict. The Court, however, has repeatedly read Perez as if it had established the standard for resolving the extent of the defendant’s double jeopardy protection following a mistrial. Although recently acknowledging the likely inaccuracy of that view, the Court treated the matter as one “of academic interest only.” In so doing, it simply compounded error.