Question: A defendant was charged with the crime of rape. The judge denied him bail pursuant to a state law which states that for the crimes of rape, sexual assault on a child, and sexual assault, no person who stands accused thereof shall be entitled to bail prior to a trial in the courts of this state. The defendant was brought to trial and found guilty. After being sentenced to five to ten years in prison, the defendant appealed his conviction to the highest court in the state. The ground for his appeal was an argument that he was denied his right to counsel at the time of his arrest. While his appeal was pending, the defendant filed a civil rights action in federal court against the judge. The defendant claimed that the judge violated his rights under the excessive bail clause of the Eighth Amendment. The federal court should refuse to hear the case, because
A: the federal court would violate the principle of the separation of powers.
B: the issues are not ripe.
C: the case is moot.
D: the issue of bail is capable of repetition, yet evading review. 
Please eliminate two incorrect options first, then think it step by step and choose the most proper one option. Do not include the following keywords: case, court, separation, principle
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