View Single Post
Old July 24, 2012, 10:11 AM   #152
Al Norris
Staff
 
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,322
The Stay Is Lifted!

For the criteria in granting a stay of judgment, pending an appeal, Judge Legg used the following:

Quote:
In determining whether a stay is warranted, the Court must consider: “(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.” Hilton v. Braunskill, 481 U.S. 770, 776 (1987).
Here are his reasonings:

a. Likelihood of Success
Quote:
Defendants have beyond question shown that considerable difference of opinion exists throughout the country as to the proper scope and application of the Second Amendment following the Supreme Court‟s watershed decisions in Heller and McDonald. In the case at bar, the Fourth Circuit could certainly find reasonable grounds to reverse this Court‟s decision. Such an outcome does not appear so probable, however, as to outweigh the remaining considerations discussed below.
b. Irreparable Injury
Quote:
Defendants point to little in the way of truly irreparable injury that is likely to result should their request for a stay be denied.
c. Interest of Other Parties
Quote:
Against costs to Defendants of complying immediately with the Court‟s ruling, the Court must balance the harm to Woollard and those like him. If a stay is granted, a sizeable number of people will be precluded from exercising, while the case is argued on appeal, what this Court has recognized as a valid aspect of their Second Amendment right.
d. and the Public
Quote:
On this dimension, then, the Court cannot say that a stay would demonstrably serve or disserve the State‟s goal of preventing a potential increase in handgun violence pending appeal. Defendants have not established that the public interest weighs in favor of a stay.
The State failed all 4 tests and the stay is lifted.

In a separate order, Judge Legg dissolved the stay to be effective 14 days from the Order. Why 14 days and not immediately?

This is a simple consideration to the State. They now have time to file for a stay with the 4th Circuit and for that circuit to makes its determination of granting a stay.

The reasonings of Judge Legg in dissolving the stay will be given great weight by the motions panel. Like his ruling, this memorandum of dissolving the stay was well written and I suspect that the State's Motion to Stay the Opinion will be denied.
Attached Files
File Type: pdf Memorandum Lifting Stay.pdf (96.7 KB, 8 views)
File Type: pdf Order Lifting Stay.pdf (63.4 KB, 8 views)
__________________
National listings of the Current 2A Cases.
Al Norris is offline  
 
Page generated in 0.05332 seconds with 8 queries