· 10/25/2023
Harriet H. Kriner v. Denis McDonough
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a statute with the phrase \offense ... committed by a current or former spouse\ allowed for case-specific consideration
- holding that § 922(g)(9) applies whenever predicate offense was committed within specified type of domestic relationship
- holding that although the government must prove the existence of the qualifying relationship under section 922(g)(9), such a relationship is not a required statutory element
- stating that the rule of lenity applies when a statute is still ambiguous after applying the other canons of statutory construction
- acknowledging that the statute at issue was “not a model of the careful drafter’s art,” but rejecting the applicability of the rule of lenity because the statute was not grievously ambiguous
- noting that conceptually distinct attributes of a crime, e.g. the action taken by the defendant and his or her relationship to the victim, cannot constitute one element
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.