Q: If a judge loses track of a criminal case in-between court dates, is that grounds for a mistrial?
Because I am a pro-se, defendant (simple assault--physical menace) my trial keeps getting bumped and is only being tried in small segments. At the last trial date, the judge had no idea what had happened at the previous date, lost her notes, lost her transcripts of earlier hearings and did not even realize that there had been any exhibits entered, let alone seven, which were stamped. Is there any case citation of a published NJ or Federal decision which defines these types of lapses as grounds for a mistrial?
Articles? I now have a transcript of the judge saying she was without transcripts that I have a certified receipt of the Court receiving--at her own instructions. The transcript also shows that she had no idea of any exhibits, when she had been scrupulously making notes at the last hearing. Any reference materials? Thanks in advance.
A: An attorney on this website cannot give you specific legal advise for your case, this site is for general information only. You may want to try one of the law schools outreach programs.
A: NJ court rules http://www.judiciary.state.nj.us/rules/
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
