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.

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