Monday, March 24, 2008

Cert Grant: Is Domestic Relationship an Element of "Misdemeanor Crime of Domestic Violence" Under § 922(g)(9)?

Today the Supreme Court granted cert in United States v. Hayes, No. 07-608, to consider whether, in order to qualify as a "misdemeanor crime of domestic violence" for purposes of 18 U.S.C. § 922(g)(9), the domestic relationship required by § 921(a)(33)(A)(ii) must be an element of the predicate offense.

As discussed here, Hayes, a Fourth Circuit opinion, answered that question "yes." That holding conflicted with the decisions of every other circuit that had addressed the question, including the Fifth Circuit. So if you haven't already been preserving this issue in light of the circuit split, you'll probably want to do so now.

As usual, SCOTUSblog has collected the filings here.

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