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By Shari Allison

The Supreme Court broadly interpreted the definition of "misdemeanor offense of domestic violence," as used in 18 USC 922(g)(9) (prohibiting firearms possession by persons with such convictions) as requiring the government to prove beyond a reasonable doubt that the victim of the prior offense was in a domestic relationship with the offender, but the prior statute of conviction did not need to include the domestic relationship as an element. US v. Hayes, No. 07-608 (S.Ct. 2/24/09)Although the 9th Circuit said it would have found that a defendant was deprived of counsel when the trial court failed to consult with defense counsel before directing jurors to refer back to the original jury instructions, it declined to order habeas relief for a state petitioner because the state courts did not unreasonably apply federal law when they concluded prejudice had to be shown...continue to full post

Full post as published by Tenth Circuit Blog on March 06, 2009 (boomark / email).