Q: Is the judges decision to publish the Decision, with the excluded evidence, prior to trial grounds for a mistrial?
Prior to trial, defense counsel files motions to suppress evidence. The motions are granted. As the trial approaches, the presiding judge is replaced by another judge. The State files a motion to have the excluded evidence re-admitted. The new judge rules that some of the suppressed evidence may be presented at trial. Subsequently, the judge publishes the ruling, which is posted on justia.com on the first day of jury selection. Anyone with an internet connection need only google the defendants name and a thumbnail of the decision is returned on page one of the results. In the text of her Decision, evidence that she has suppressed is featured prominently for anyone to read. Is the judges decision to publish the Decision, with the excluded evidence, prior to trial grounds for a mistrial? If not is it grounds for appeal?
A: These are perfect questions to go over with your attorney. That person you call defense counsel. They will have a solid working knowledge of the law of the case theory, and all of the appropriate procedural remedies.
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