Can Trump be impeached before he ' s sworn in ? <| sep |> In the US , when a judge ' s decision is appealed , a stay is placed on the decision that effectively freezes time . Judge Duffin ' s decision still stands , but no actions are taken . The order to release Brendan or retry him freezes at the point the State files its appeal . The appellate court will review the ruling and either , overturn it , remand it back to Judge Duffin because of an error , or affirm it . If overturned , Brendan can then appeal to the Supreme Court for relief very likely . If remanded , Judge Duffin has an opportunity to correct his error and make a new ruling possible . If affirmed , the State can appeal to the Supreme Court very unlikely . In the court ' s eyes , Brendan ' s conviction no longer exists , but the charges are still pending . It is cheaper and easier to keep Brendan in the prison rather than transporting him to a local jail as if he was awaiting trial , as people charged with murder are generally held in custody until trial .