BMX Bandit said:if you find a judge crazy enough, anything can happen regardless of the law or rules.Quote:
Simply stating an injury and that it's irreparable should still have limits, no? Otherwise every law breaker and murderer could theoretically get a TRO against incarceration prior to trial if they found a crazy enough judge simply because detainment could be considered irreparable injury to the accused...
What am I missing here?
as for your hypo, a TRO before a criminal trial would be not ripe because you have not been sentenced to jail. but even if one did issue, it is only good for 14 days.
This is an excellent point. If the Juan Merchan trial didn't convince you that from behind the bench the black rope can rule any way they want. Sure it's possible that it is a reversible mistake but the Robe has free rein from the bench. The judge in Wisconsin screwed up when she adjourned her court and assumed her immunity extended beyond her court and was an unofficial act.