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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32369
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Will the federal court issue an emergency tro to enjoin criminal

Customer Question

Will the federal court issue an emergency tro to enjoin criminal proceedings in a state court under 42 USC 1983 if deprivation of any rights, privileges, or immunities secured by the Constitution and laws’ as a result of persons acting ‘under color of any statute, ordinance, regulation, custom, or usage, of state?
If not, is there another section under federal law that does?
If not, can judgement of conviction by entered by plea in violations as such be appealed by right, or is it still by leave?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. A federal court can issue an injunction under the situation you describe but would certainly be reluctant to do so and you would need a clear violation to have one issued. As an example, if the Supreme Court had declared a particular criminal law to be unconstitutional and the state was refusing to recognize the court's ruling then a federal court would very likely issue a TRO enjoining the proceeding and allowing time for each side to brief the issues and then rule on whether a TRO should be made into an injunction.
Expert:  Dwayne B. replied 1 year ago.
Sec. 1983 would be as likely a section to result in a TRO as any other, again under the facts you describe.A plea agreement can be entered with the express understanding that it will be appealed. Other than that you are taking a risk on having to have leave to appeal it since normally you are asked if you are waiving the right to appeal and trying to withdraw a waiver is usually difficult.
Expert:  Dwayne B. replied 1 year ago.
I will be offline for a while but if you have follow up questions please ask them in this thread and I'll pick up when I return.
Customer: replied 1 year ago.
So an action in federal court for a tro on issues such as a judgement of conviction that was obtained in a state court, as direct result after a false/unlawful arrest under a forged warrant, unauthorized criminal prosecution absent a police report, absent a complaint, infirmation and/or indictment should succeed, under that title, ha?
Expert:  Dwayne B. replied 1 year ago.
I can't answer that question, unfortunately. To know whether something is likely to succeed would require a complete evaluation of the facts as well as what evidence is presented at trial or in the pretrial motions and the hearings, etc. In theory what will succeed is substantially different that what will actually succeed. Plus, what specific judge you have and what circuit you are in would have a tremendous difference on what your chances of success are. As a general rule, a case in the 9th Circuit is far more likely to succeed than one in the 5th Circuit, for example.