Rule 4.5 Bail Pending Decision on Certiorari Appeal

When someone asks the higher court to review their case through a writ of certiorari, they may also want to stay out of jail while waiting for that decision. This rule says the trial court, not the appeals court, decides whether to allow bail during this waiting period.

The trial judge has full discretion here. They can look at the facts of the case and decide if letting the person out on bail makes sense while the appeal is being considered. There's no automatic right to bail just because someone has filed for this type of review.

This decision is based on a specific state law, Section 1077 of Title 22, which gives the trial court this authority.