Albert Uriah Mathis v. North Carolina
FifthAmendment DueProcess
Can a judge order a mistrial in a case simply, so he may attend a Dr. appointment?
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?