A new legal development has emerged in the ongoing federal case involving former WWE star Ted DiBiase Jr.
Late yesterday, attorneys representing DiBiase filed a motion for a mistrial with the U.S. District Court for the Southern District of Mississippi. The filing argues that continuing the proceedings under the current circumstances would infringe upon DiBiase’s constitutional rights and compromise the fairness of the trial.
In the motion, DiBiase’s legal team stated:
“Defendant, Theodore DiBiase, Jr. (“Defendant”), through undersigned counsel, respectfully moves for a mistrial for the reasons set forth in the Confidential Memorandum of Authorities that is being contemporaneously provided to the Court for in camera and which Defendant incorporates and fully relies on. Continuation of the trial under these circumstances would violate Defendant’s Sixth Amendment right to counsel of his choice, the effective assistance of counsel, undermine the fairness of the proceedings, and result in manifest necessity warranting a mistrial.”
The memorandum referenced in the filing was submitted confidentially for the court’s review.
As of this writing, the court has not yet ruled on the mistrial request.
Despite the pending motion, DiBiase Jr.’s trial is currently scheduled to resume tomorrow in Biloxi, Mississippi.
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