Whether the trial court's exclusion of defense counsel denied the defendant an opportunity to be heard or object to the discharge of the jury, prejudiced the defendant's prospects for acquittal, and deprived the court of jurisdiction to proceed to a mistrial

QUESTIONS PRESENTED QUESTION ONE Whether the trial court's exclusion of defense counsel when the grounds for mistrial were being considered: (a) denied the defendant an opportunity to be heard or to object to the discharge of the jury; (b) prejudiced the defendant's prospects for an acquittal; and, (c) deprived the court of jurisdiction to proceed to a judgment of mistrial. QUESTION TWO Whether the trial court's exclusion of defense counsel from the trial & declaration of mistrial, in the face of a case going badly for the state, barred any second trial. . (ii) ' @ te RELIEF SOUGHT The petitioner seeks a mandamus from the U.S. Supreme Court directing the Alabama Supreme Court to enter an order of acquittal where the trial judge violated the defendant's Sixth amendment rights by excluding defense counsel from the critical stage of a criminal trial when the entry of a mistrial was being considered and, given the circumstances described herein, any reprosecution was barred under the double jeopardy clause of the Fifth amdendment to the U.S. Constitution. (iii) : Yl ae