You can’t be objective enough.

U.S. District Judge Robert Potter learned that Tuesday when the sentence he gave jailed televangelist Jim Bakker was overturned by an appeals court. The reason? Potter supposedly was too influenced by his own religious beliefs.

As a result, Bakker will get another hearing. Should he have one? No.

The appeals court has said a judge can’t punish someone with religious beliefs that are offensive to the judge. But Bakker’s religious beliefs were not on trial—it was the fact that he defrauded viewers of their money for his own benefit.

Bakker got 45 years in jail and a $500,000 fine. He has served about 18 months. Now, his lawyers want him out of the pen until the next hearing.

However, letting Bakker out only would beat the dead horse of this case further. As long as he’s settled into the prison environment, he might as well stay there rather than getting a taste of freedom and pulling some nervous breakdown stunt again.

Bakker’s family is delighted by the first part of the appeal, but they shouldn’t get their hopes up. Whichever judge gets assigned to hear the re-sentencing just will be careful not to let his beliefs get in the way.

The fact remains that Bakker blew it. He bilked money to pad his own lifestyle. Chances are he’ll be right back on his way to the lockup.

Better not pack your things yet, Jimbo.