No. 18-6742

Albert Uriah Mathis v. North Carolina

Lower Court: North Carolina
Docketed: 2018-11-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 6th-amendment double-jeopardy due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-misconduct mistrial prosecutorial-misconduct
Key Terms:
FifthAmendment DueProcess
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Can a judge order a mistrial in a case simply, so he may attend a Dr. appointment?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1) Can a judge order a mistrial in a case simply, so he may attend a Dr. appointment? 2) Can a fair trial be had when a deadline of 5pm the same day is placed upon the proceedings? Is this in violation of the Due Process right to a fair trial guaranteed by the 14" amendment to the constitution? 3) Was ineffective assistance of counsel committed by failing to object a mistrial despite my obvious desire to have the case completed by the first tribunal? 4) Was a second trial barred by the double jeopardy clause of the constitution? 5) Can a prosecutor use his calendaring authority to allow himself a trial run of a case of unsure outcome?

Docket Entries

2019-01-07
Petition DENIED.
2018-12-20
DISTRIBUTED for Conference of 1/4/2019.
2018-12-17
Waiver of right of respondent North Carolina to respond filed.
2018-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2018)

Attorneys

Albert Uriah Mathis
Albert Uriah Mathis — Petitioner
North Carolina
Matthew W. Sawchak — Respondent