Chrome
Member
From the WVCDL Newsletter. This will be big if Heller falls our way. This, like Heller, could open the flood gates of cases presented to SCOTUS.
Chrome...
Later,WV GUN CASE GOING TO US SUPREME COURT
As with yesterday’s announced national park rules change, I have not had the time to carefully analyze this case. The Supreme Court’s upcoming decision in D.C. v. Heller will have a significant effect on this case, which will be the first gun case they hear following Heller. This case involves a challenge to a 1996 change in federal law known as the Lautenberg Amendment (named after its sponsor, New Jersey Senator Frank Lautenberg) that bans anyone convicted of a misdemeanor domestic violence offense from possessing a firearm for life, regardless of when the offense was committed, unless that person has been pardoned or received an expungement of the record.
http://www.dailymail.com/News/200804300223
Wednesday April 30, 2008
City lawyer going before highest court in the land
by Cheryl Caswell
Daily Mail staff
The case of a Marion County man will go to the U.S. Supreme Court later this year, and a Charleston attorney will become one of a limited number of West Virginia lawyers to argue in that venue.
Troy Giatras will defend Randy Hayes of Mannington, a contractor convicted of a felony gun possession charge, and ask the highest court to clarify Second Amendment right to bear arms.
No matter the outcome of Hayes' case, Giatras will receive the coveted quill presented to all lawyers who come before the U.S Supreme Court.
“It's an honor,” Giatras said. “For 99 percent of lawyers, it's a once in a lifetime opportunity.
“It's the absolute pinnacle for a lawyer,” Giatras said. “Because it's the highest court in the nation.”
He expects the U.S. Supreme Court to hear his case between October and December.
Out of about 5,000 petitions the court receives each year to hear cases, the justices accept only about 75. Giatras says not that many West Virginia lawyers have argued a case before the country's highest court.
Hayes' case goes back to 1994, when he pleaded guilty to a misdemeanor battery offense after a dispute with his wife. Ten years later, an argument over their son occurred over the phone between the now-divorced parents and she asked police to go to his home.
When they searched Hayes home, an old Winchester rifle given to him by his father was found under a bed. Hayes didn't know it, but a 1996 amendment to federal gun laws made it illegal for him to possess the gun because of his prior misdemeanor offense.
Giatras was retained two days before Hayes was expected to plead guilty to the gun charge in federal court.
“We halted the entire process in March 2005,” Giatras said. “Because he only pleaded guilty in 1994 to battery, not domestic battery. But the federal court interpreted it as domestic battery because it was against a family member.”
“In 1994 and in 1995, he was legally able to have a gun,” Giatras said. “The 1996 law was applied to him retroactively, but he didn't even know it.”
The case proceeded through the Fourth U.S. Circuit Court of Appeals in Richmond in October 2006 and the court reversed the earlier decision. But the U.S. Justice Department appealed to the U.S. Supreme Court and the court agreed last month to hear the case.
Giatras said the case is important because it will further define the right to own a gun and also addresses the issue of laws affecting citizens retroactively.
The case of a Marion County man will go to the U.S. Supreme Court later this year, and a Charleston attorney will become one of a limited number of West Virginia lawyers to argue in that venue.
Troy Giatras will defend Randy Hayes of Mannington, a contractor convicted of a felony gun possession charge, and ask the highest court to clarify Second Amendment right to bear arms.
No matter the outcome of Hayes' case, Giatras will receive the coveted quill presented to all lawyers who come before the U.S Supreme Court.
“It's an honor,” Giatras said. “For 99 percent of lawyers, it's a once in a lifetime opportunity.
“It's the absolute pinnacle for a lawyer,” Giatras said. “Because it's the highest court in the nation.”
He expects the U.S. Supreme Court to hear his case between October and December.
Out of about 5,000 petitions the court receives each year to hear cases, the justices accept only about 75. Giatras says not that many West Virginia lawyers have argued a case before the country's highest court.
Hayes' case goes back to 1994, when he pleaded guilty to a misdemeanor battery offense after a dispute with his wife. Ten years later, an argument over their son occurred over the phone between the now-divorced parents and she asked police to go to his home.
When they searched Hayes home, an old Winchester rifle given to him by his father was found under a bed. Hayes didn't know it, but a 1996 amendment to federal gun laws made it illegal for him to possess the gun because of his prior misdemeanor offense.
Giatras was retained two days before Hayes was expected to plead guilty to the gun charge in federal court.
“We halted the entire process in March 2005,” Giatras said. “Because he only pleaded guilty in 1994 to battery, not domestic battery. But the federal court interpreted it as domestic battery because it was against a family member.”
“In 1994 and in 1995, he was legally able to have a gun,” Giatras said. “The 1996 law was applied to him retroactively, but he didn't even know it.”
The case proceeded through the Fourth U.S. Circuit Court of Appeals in Richmond in October 2006 and the court reversed the earlier decision. But the U.S. Justice Department appealed to the U.S. Supreme Court and the court agreed last month to hear the case.
Giatras said the case is important because it will further define the right to own a gun and also addresses the issue of laws affecting citizens retroactively.
“You make a decision based on what the law is, as opposed to what it will be in the future,” he said.
“In the end, it could provide justice not just for Randy Hayes, but others who have been caught this way.”
To prepare for presenting his case, Giatras will argue before moot courts in West Virginia and at Georgetown University Law School.
“We submit briefs, attorneys sit as fake judges, you do the argument, they question and grill you and then they give you a frank critique,” he said.
While arguing before the U.S. Supreme Court is an honor, it's also quite a challenge, [Giatras] said.
“The other side is represented by the U.S. Solicitor General,” he said. “All they do is argue professionally for the government.”
“I've already visited the Supreme Court to acclimate myself,” Giatras said. “It's very similar to the West Virginia Supreme Court. It was the same architect, the same layout.” [JM: The West Virginia State Capitol, including the Supreme Court courtroom, and the U.S. Supreme, were both designed by famed architect Cass Gilbert. The West Virginia Supreme Court, which was built almost a decade before the U.S. Supreme Court, is identical to the U.S. Supreme Court except for the absence of a bar between the court and the gallery and only 5 justices instead of 9. But let me repeat: ours came first.]
Giatras said organizations and individuals can submit Amicus briefs summarizing their opinions in his case.
“Any interested party can submit those,” he said. “They'll begin to come in around June. I've already had pro-gun groups and family groups say they want to weigh in. You have to file a brief and have a lawyer.”
Another prominent gun law case, referred to as the Heller case, has attracted the attention of many gun control and gun rights activists. He expects the Hayes case to generate much of the same interest.
The U.S. Supreme Court is expected to rule on the Heller case by the end of June.
Giatras, 43, is a graduate of Duquesne University and West Virginia University School of Law. He was admitted to the state bar in 1990.
Contact writer Cheryl Caswell at [email protected] or 304-348-4832.
Chrome...
:banghead:
