Viewing entries tagged
domestic battery

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Seventh Circuit finds that Wisconsin Battery Involving Domestic Abuse Conviction is Crime of Domestic Violence

The Seventh Circuit has reaffirmed that a Wisconsin conviction for battery involving domestic abuse is a crime of domestic violence because it involves the use of violent force.

The full text of Beltran-Aguilar v. Whitaker can be found here:

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2019/D01-02/C:18-1799:J:Barrett:aut:T:fnOp:N:2271755:S:0

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Eighth Circuit finds that Arkansas Battery Convictions are Violent Felonies

The Eighth Circuit has determined that Arkansas convictions for third degree domestic battery and first degree battery are violent felonies because they require the use of violent force.  Given the similar definitions of violent felonies and crimes of violence in the immigration context, this decision could have persuasive value in the immigration context.

The full text of US v. Eason can be found here:

http://media.ca8.uscourts.gov/opndir/18/05/171402P.pdf

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Eighth Circuit Finds that Conviction for Arkansas Third Degree Domestic Battery is a Violent Felony

The Eighth Circuit has determined that an Arkansas conviction for third degree domestic battery is a violent felony under the Armed Career Criminal Act.  The court determined that the statute is divisible, but subsection (a)(1), which requires the infliction of injury, meets the definition of a violent felony because the infliction of injury necessarily requires the use of violent force.  Given the similar definition of a violent felony and crime of violence in the immigration context, this case may be persuasive in immigration proceedings.

The full text of US v. Moore can be found here:

http://media.ca8.uscourts.gov/opndir/17/11/171725U.pdf

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Eighth Circuit Finds that Arkansas Conviction for Domestic Battery in the Third Degree is a Crime of Violence

The Eighth Circuit has determined that an Arkansas conviction for domestic battery in the third degree is divisible in light of the decision in Mathis v. United States.  In addition, the first subsection, which requests the infliction of injury on the victim, is a crime of violence for federal sentencing purposes.  The court rejected the argument that injury can be inflicted without the use of violent force.  Given the similarity between the definition of a crime of violence in the sentencing context and in the immigration context, this case could have persuasive value in an immigration case.

The full text of US v. Starks can be found here:

http://media.ca8.uscourts.gov/opndir/16/12/161874U.pdf

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