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Al Norris · November 8, 2008, 02:19 AM

U.S. v. Hayes
Docket #07-608
Oral Arguments are set for Monday Nov. 10, 2008.
All briefs may be found here.

Question Presented: Section 922(g)(9) of Title 18, United States Code, makes it a crime for any person convicted of a “misdemeanor crime of domestic violence” to possess a firearm. The question presented is whether, to qualify as a “misdemeanor crime of domestic violence” under 18 U.S.C. § 921(a)(33)(A) (2000 & Supp. V 2005), an offense must have as an element a domestic relationship between the offender and the victim.

Background: In 1994, Mr. Hayes pleaded guilty to a misdemeanor charge of battery under W. Va. Code Ann. § 61-2-9(c), relating to a November 1993 incident in which he struck his then-wife, Maryann Carnes, with his hand during an argument. He was given one year probation. They later divorced.

On the evening of July 24, 2004, Mr. Hayes and Ms.Oldaker got into an argument over Mr. Hayes’s decision that it was too late for his 11-year-old son to go outside. The boy phoned Ms. Carnes, his mother, around 10:30 p.m. Ms. Carnes demanded that Mr. Hayes allow the boy to come to her home but Mr. Hayes refused, since that was contrary to the parenting-time schedule. The call ended with Ms. Carnes threatening to send police to arrest Mr. Hayes.

Ms. Carnes called 911 and reported that Mr. Hayes was threatening Ms. Oldaker with a gun. The police arrived, and after a consent search found a firearm and arrested Mr Hayes. Later finding the (earlier) misdemeanor battery charge, the BATF&E filed charges of violation of the Lautenberg amendment (1996).

Note the timeline above.

Mr. Hayes lost at the District Court, won at the Circuit Court and the U.S. is appealing to SCOTUS.

What the Court must do is to either find that a 1994 conviction of misdemeanor battery included an act not specified in the original charge or find that the original charge is not included in the 18 U.S.C. § 922(g)(9) definition.

This is important, as it directly attacks the ex post facto nature of the Lautenberg amendment.

November 8, 2008, 02:19 AM	#1
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	One to Watch: US v. Hayes U.S. v. Hayes Docket #07-608 Oral Arguments are set for Monday Nov. 10, 2008. All briefs may be found here. Question Presented: Section 922(g)(9) of Title 18, United States Code, makes it a crime for any person convicted of a “misdemeanor crime of domestic violence” to possess a firearm. The question presented is whether, to qualify as a “misdemeanor crime of domestic violence” under 18 U.S.C. § 921(a)(33)(A) (2000 & Supp. V 2005), an offense must have as an element a domestic relationship between the offender and the victim. Background: In 1994, Mr. Hayes pleaded guilty to a misdemeanor charge of battery under W. Va. Code Ann. § 61-2-9(c), relating to a November 1993 incident in which he struck his then-wife, Maryann Carnes, with his hand during an argument. He was given one year probation. They later divorced. On the evening of July 24, 2004, Mr. Hayes and Ms.Oldaker got into an argument over Mr. Hayes’s decision that it was too late for his 11-year-old son to go outside. The boy phoned Ms. Carnes, his mother, around 10:30 p.m. Ms. Carnes demanded that Mr. Hayes allow the boy to come to her home but Mr. Hayes refused, since that was contrary to the parenting-time schedule. The call ended with Ms. Carnes threatening to send police to arrest Mr. Hayes. Ms. Carnes called 911 and reported that Mr. Hayes was threatening Ms. Oldaker with a gun. The police arrived, and after a consent search found a firearm and arrested Mr Hayes. Later finding the (earlier) misdemeanor battery charge, the BATF&E filed charges of violation of the Lautenberg amendment (1996). Note the timeline above. Mr. Hayes lost at the District Court, won at the Circuit Court and the U.S. is appealing to SCOTUS. What the Court must do is to either find that a 1994 conviction of misdemeanor battery included an act not specified in the original charge or find that the original charge is not included in the 18 U.S.C. § 922(g)(9) definition. This is important, as it directly attacks the ex post facto nature of the Lautenberg amendment.