esqappellate
President, MSI
- Feb 12, 2012
- 7,408
This is where I must EAT all of my words where I thought the stay would stay in place all the way through the 4th. What is the likelihood the 4th will or will not grant a stay?
I won't give odds. Invalidation of the MD statute is still a BFD. But the state now has an uphill climb to show that Judge Legg abused his discretion in refusing to issue a permanent stay pending appeal. For everyone who moaned and groaned about the temporary stay, that fact that Judge Legg did it that way is really quite a plus now.