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· 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).

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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.