[DV_listserv] SCOTUS grants cert

[Domestic Violence issues]

FYI: I did not enjoy reading this opinion.
(-Erin)



The Supreme Court granted certiorari to decide whether a conviction

for misdemeanor domestic assault qualifies as a conviction for a

"misdemeanor crime of domestic violence" under 18 U.S.C. § 922(g)(9).


(4) United States v. Castleman



Date Filed: October 1, 2013

Case #: 12-1371

Court Below: 695 F.3d 582 (6th Cir. 2012)

Full Text Opinion: http://www.ca6.uscourts.gov/opinions.pdf/12a0344p-06.pdf



CRIMINAL LAW: Whether a conviction for misdemeanor domestic assault

qualifies as a conviction for a "misdemeanor crime of domestic

violence" under 18 U.S.C. § 922(g)(9).



Respondent pled guilty to a misdemeanor domestic assault.

Subsequently, Respondent's wife purchased firearms which she turned

over to Respondent. One of the firearms was recovered in a homicide

and traced back to Respondent. A grand jury indicted Respondent on two

counts of possession of a firearm after being "convicted . . . of a

misdemeanor crime of domestic violence," in violation of 18 U.S.C. §

922(g)(9).



The lower court held that Respondents misdemeanor domestic assault

conviction did not qualify as a domestic violence crime requiring the

"use or attempted use of physical force." Further, the court held that

Respondent's conviction did not qualify as a predicate offense under

18 U.S.C. § 922(g)(9). The Court of Appeals for the Sixth Circuit

affirmed and held that a 'crime of domestic violence' does not include

nonviolent force such as offensive touching in a common law battery.

Additionally the court held that the "physical force" is a "violent

force . . . capable of causing physical pain or injury to another

person" and "strong physical force."



The Supreme Court granted certiorari to decide whether a conviction

for misdemeanor domestic assault qualifies as a conviction for a

"misdemeanor crime of domestic violence" under 18 U.S.C. § 922(g)(9).



[Summarized by: Katie Hoesly]


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