Privacy JusticiabilityDoctri
Does it constitute "bad faith conduct " of "abuse of discretion ' when a judge denies a defendant 's numerous pre-trial requests for "stand-by " counsel, in which, the denials later becomes the result of a mistrial when a defendant invokes his constitutional "right to counsel " during trial (especially if there are other alternatives available other than declaring a mistrial)?1.
If an indigent "pro se" defendant invokes his right to counsel after a jury is sworn in and impaneled, can a judge or prosecutor initiate crucial confrontation with a defendant (to obtain consent for a mistrial), outside the presence of an attorney?2.
Can a layman, pro se defendant legally consent to a mistrial without a court first "laying a record " inquiry to demonstrate that consent was unequivocally, intelligently and voluntarily made?3.
Is a defendant federally protected by his double jeopardy rights when a state trial court or plaintiff (the State) fails to demonstrate a manifest injustice or legal consent adequately on the record before a declaration of a mistrial?4.
Is a defendant federally protected when a state court violates his state and federal constitutional rights, such as a double jeopardy violation, and does this constitutional violation create irreparable harm, or departs from the essential requirements of law?5.
Can a State district court of appeals dismiss or deny a defendant access of justice by dismissing a claim of irreparable harm in a writ of prohibition, and are there sanctions or incentives for them to comply swiftly?6.
Does a State court have jurisdiction to proceed on a case that is federally prohibited by a double jeopardy prohibition bar?7.
Can claims of irreparable harm be remedied on direct appeal? If a state district court of appeals dismisses a petitioner 's "writ of prohibition " after claims and an adequate showing of a double jeopardy violation, and are those claims federally protected?8.
Is a defendant required to exhaust all state remedies just to receive protection from a federal double jeopardy prohibition bar?9.
What immediate relief is a defendant entitled to (specifically a defendant who cannot afford an attorney and his court appointed attorney has refused to address those issues, and a defendant that may not be intelligent in expert capacity to adequately provide notice to a court)?
Can a federal court provide a remedy to make it easy for pro se, layman defendants to present these issues by filling out a "ready-made " "qualifying paper document (form) to address these issues without it being stricken as "hybrid representation " (If a defendant is deprived of life, liberty, or property because he is denied a federally protected constitutional right -such as a double jeopardy violation )?
When adequate and immediate relief cannot be obtained swiftly in any form or by any other state court-- under what circumstances does a defendant 's double jeopardy rights become invoked, what automatic, prompt, or legal vehicle/remedy is available for a defendant, and can a defendant adequately discharge himself from a case upon a clear and adequate showing of a federally protected constitutional right such as a double jeopardy violation? What is the proper immediate vehicle available to obtain prompt relief of a violated constitutional right?
Will it constitute "abuse of discretion " to deny a petitioner 's meritorious and valid writ when there is no other available remedy to relieve irreparable harm in violation of a constitutional right (In both federal and State law)?
If a defendant is deprived of life, liberty, or property because he is denied valid double jeopardy protection, Will this deprivation essentially also violate his due process rights?
Does it constitute 'bad faith conduct' or 'abuse of discretion' when a judge denies a defendant's numerous pre-trial requests for 'stand-by' counsel