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PERITO v. COUNTY OF BROOKE

No. 31544.

597 S.E.2d 311 (2004)

215 W.Va. 178

Mario PERITO, II, Plaintiff, v. THE COUNTY OF BROOKE, A Political Subdivision of the State of West Virginia, Defendant.

Supreme Court of Appeals of West Virginia.

Decided May 6, 2004.

Attorney(s) appearing for the Case

Stephen D. Herndon, Wheeling, for the Plaintiff.

Darrell V. McGraw, Jr., Attorney General, Jon R. Blevins, Assistant Attorney General, Charleston, for the Amicus Curiae West Virginia Attorney General.

Fred J. Giggenbach, Jr., Drug and Violent Crime Assistant Prosecutor, West Virginia Prosecuting Attorneys Institute, for the Amicus Curiae West Virginia Prosecuting Attorneys Institute.

David B. Cross, Prosecuting Attorney, Wellsburg, for the Defendant.

John A. Rogers, Executive Director, West Virginia Public Defender Services, Russell Cook, Director, Criminal Law Research Center, Charleston, for the Amicus Curiae West Virginia Public Defender Services.

Chief Justice DAVIS delivered the Opinion of the Court.

The Circuit Court of Brooke County presents this Court with a certified question asking whether a convicted felon who has been unconditionally pardoned by the Governor of the State of West Virginia is automatically restored the right to possess a firearm. Having before us the order certifying the question, the briefs and arguments of counsel, and the record submitted in connection with the question presented...

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