DiGiacinto v. The Rectors and Visitors of George Mason University
Gunston Hall and Mr. Mason
"To shew you that I have not been an idle Spectator of this great Contest, and to amuse you with the Sentiments of an old Friend upon an important Subject I inclose you a Copy of the first Draught of the Declaration of Rights, just as it was drawn by me, & presented to the Virginia Convention, where it received few Alterations; ...We have laid our new Government upon a broad Foundation, & have endeavoured to provide the most effectual Securties for the essential Rights of human nature, both in Civil and Religious liberty; the People become every Day more & more attach'd to it; and I trust that neither the Power of Great Britain, nor the Power of Hell will be able to prevail against it." George Mason, Oct. 2, 1778.
Case No: 2008-14054 (County of Fairfax)
1. Bill of Complaint - Filed October 27, 2008.
2. Defendant Was Served by the Sheriff on October 31, 2008.
3. Answer and Grounds of Defense by GMU - Filed on November 21, 2008.
4. Defendant's Memorandum for the Plea of Sovereign Immunity, Demurrer & Motion to Dismiss: March 20, 2009.
5. Plaintiff's Memorandum In Opposition to the Plea of Sovereign Immunity, Demurrer and Motion to Dismiss: Filed March 23, 2009.
6. Hearing on Sovereign Immunity, Demurrer, and Motion to Dismiss: April 10, 2009.
The hearing was held and oral arguments lasting Fifteen minutes produced no result. The Commonwealth (GMU) conceded as they did in their brief that Art. I, § 13 is a self-executing constitutional provision that waives their sovereign immunity. They would not concede that Art. I, § 14 was a self-executing constitutional provision and Counts II & III should be stricken. That was the sticking point. The Judge has stated that she will need to take more time to decide the issue as it is complicated. The oral arguments were recorded by a court reporter.
7. ORDER by The Court: April 27, 2009. Sovereign Immunity bars concealed carry on review by the court. The right to keep and bear arms openly goes forward. See: State Board For Community Colleges v. Calvert as cited in the ORDER.
8. Plaintiff's Opening Brief : June 11, 2009.
9. Defendant's Opening Brief : Filed June 12-15, 2009, Due by the 11th.
10. Plaintiff's Brief in Response To Defendant's Opening Brief : June 26, 2009.
11. Defendant's Brief in Response To Plaintiff's Opening Brief : June 26, 2009.
12. Plaintiff's Reply Brief : Filed July 7, 2009.
13. Defendant's Reply Brief : July 10, 2009.
14. July 22, 2009. Oral Arguments lasting one hour were heard. The case was taken into consideration by the Judge and his opinion will be released on July 31, 2009.
15. July 31, 2009: The Judge issued an oral opinion on the entire case on the merits.The following transcript has been corrected by an Order of the Court of August 14, 2009 for typographical errors. The July 31, 2009 Opinion.
16. August 14, 2009: The Final Order
17. August 17, 2009: Filing of the Transcript of the Trial of July 22, 2009.
18. August 17, 2009: Filing of the Notice of Appeal to the Virginia Supreme Court.
19. September 23, 2009: Filing of the Petition for Appeal to the Virginia Supreme Court.
20. October 9, 2009: Filing of the Brief in Opposition to the Petition for Appeal to the Virginia Supreme Court.
21. February 9, 2010: Writ Panel of the Virginia Supreme Court Scheduled for this case. Canceled due to snow Historic Blizzard.
22. February 10, 2010: Writ Panel by Teleconference of the Virginia Supreme Court Scheduled for this case. The Case was Heard by Justices Leroy Hassell, Harry Carrico and Leroy Millette, Jr.
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