October Term 2009 · Docket 08-6925
Does a Florida battery conviction count as a violent felony?
The dispute centers on whether a state battery conviction qualifies as a violent felony under federal law.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Ms. Call argued Johnson's conviction rests on minimal contact. She stated this does not qualify as a violent felony. She emphasized the state law's broad scope.
Ms. Kruger argued the federal definition matches the state law. She cited the unlawful application of physical force. She asserted the state crime fits the federal statute.
Justice Alito asked how to determine the necessary force level. He noted any touching involves some physical force. He sought a clear standard for the federal statute.
Justice Ginsburg questioned the record regarding the specific conduct. She noted the state plea did not detail the actions. She asked if state law typing matters for the federal analysis.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 26, lines 17-33 — Transcript, file page 26, lines 17-33
- Official Supreme Court Transcript — file page 3, lines 17-51 — Transcript, file page 3, lines 17-51
- Official Supreme Court Transcript — file page 3, lines 7-15 — Transcript, file page 3, lines 7-15
- Official Supreme Court Transcript — file page 4, lines 17-33 — Transcript, file page 4, lines 17-33
- Official Supreme Court Transcript — file page 4, lines 3-9 — Transcript, file page 4, lines 3-9
- Official Supreme Court Transcript — file page 5, lines 13-47 — Transcript, file page 5, lines 13-47
- Official Supreme Court Transcript — file page 6, lines 19-21 — Transcript, file page 6, lines 19-21
- Official Supreme Court Transcript — file page 6, lines 35-3 — Transcript, file page 6, lines 35-3
- Official Supreme Court Transcript — file page 6, lines 5-15 — Transcript, file page 6, lines 5-15
- Official Supreme Court Transcript — file page 7, lines 21-23 — Transcript, file page 7, lines 21-23
- Official Supreme Court Transcript — file page 7, lines 29-33 — Transcript, file page 7, lines 29-33
- Official Supreme Court Transcript — file page 7, lines 37-41 — Transcript, file page 7, lines 37-41
- Official Supreme Court Transcript — file page 8, lines 35-5 — Transcript, file page 8, lines 35-5
- Official Supreme Court Transcript — file page 8, lines 9-17 — Transcript, file page 8, lines 9-17
- Official Supreme Court Transcript — file page 9, lines 15-17 — Transcript, file page 9, lines 15-17
A citizen's guide to the whole case
What this case is about
The case asks if a Florida battery conviction counts as a violent felony. the side that brought the case argues the state law allows conviction for minimal contact. The government argues the federal statute matches the state definition. The Court must decide if the state crime fits the federal definition.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 17-33 — Transcript, file page 26, lines 17-33
- Official Supreme Court Transcript — file page 3, lines 17-51 — Transcript, file page 3, lines 17-51
How the case got here
The Supreme Court heard oral argument in this case on October 6, 2009.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 7-15 — Transcript, file page 3, lines 7-15
What each side wants
Johnson wants the Court to reject the enhanced sentence. He argues the state law allows conviction for minimal contact. He seeks a sentence based only on the current offense.
The United States wants the Court to uphold the enhanced sentence. It argues the state law matches the federal definition. It seeks to treat the prior conviction as a violent felony.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 17-33 — Transcript, file page 26, lines 17-33
- Official Supreme Court Transcript — file page 3, lines 17-51 — Transcript, file page 3, lines 17-51
What each side says
Johnson argues the state statute allows conviction for the slightest contact. He claims this minimal force does not meet the federal standard. He asserts the state law is broader than the federal definition.
The United States argues the federal statute tracks the state definition. It claims the unlawful application of force fits the federal text. It asserts the state crime is a violent felony.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 17-33 — Transcript, file page 26, lines 17-33
- Official Supreme Court Transcript — file page 3, lines 17-51 — Transcript, file page 3, lines 17-51
What the justices asked
Justice Breyer asked why the parties view the issues as separate. He questioned the distinction between the state and federal definitions.
Justice Scalia noted the prior offense elevated the current charge. He asked if the Court needs to know what is normal. He questioned the necessity of defining normal conduct levels.
Official sources for this section
- Official Supreme Court Transcript — file page 4, lines 17-33 — Transcript, file page 4, lines 17-33
- Official Supreme Court Transcript — file page 4, lines 3-9 — Transcript, file page 4, lines 3-9
- Official Supreme Court Transcript — file page 5, lines 13-47 — Transcript, file page 5, lines 13-47
- Official Supreme Court Transcript — file page 6, lines 19-21 — Transcript, file page 6, lines 19-21
- Official Supreme Court Transcript — file page 6, lines 35-3 — Transcript, file page 6, lines 35-3
- Official Supreme Court Transcript — file page 6, lines 5-15 — Transcript, file page 6, lines 5-15
- Official Supreme Court Transcript — file page 7, lines 21-23 — Transcript, file page 7, lines 21-23
- Official Supreme Court Transcript — file page 7, lines 29-33 — Transcript, file page 7, lines 29-33
- Official Supreme Court Transcript — file page 7, lines 37-41 — Transcript, file page 7, lines 37-41
- Official Supreme Court Transcript — file page 8, lines 35-5 — Transcript, file page 8, lines 35-5
- Official Supreme Court Transcript — file page 8, lines 9-17 — Transcript, file page 8, lines 9-17
- Official Supreme Court Transcript — file page 9, lines 15-17 — Transcript, file page 9, lines 15-17
Why it matters
The outcome determines how federal courts treat state battery convictions. It affects sentencing for defendants with prior state records. It clarifies the scope of the federal violent felony definition. It impacts the consistency of federal sentencing guidelines.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 17-33 — Transcript, file page 26, lines 17-33
- Official Supreme Court Transcript — file page 3, lines 17-51 — Transcript, file page 3, lines 17-51
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 7-15 — Transcript, file page 3, lines 7-15
- Official Supreme Court Transcript — file page 4, lines 17-33 — Transcript, file page 4, lines 17-33
- Official Supreme Court Transcript — file page 4, lines 3-9 — Transcript, file page 4, lines 3-9
- Official Supreme Court Transcript — file page 5, lines 13-47 — Transcript, file page 5, lines 13-47
- Official Supreme Court Transcript — file page 6, lines 19-21 — Transcript, file page 6, lines 19-21
- Official Supreme Court Transcript — file page 6, lines 35-3 — Transcript, file page 6, lines 35-3
- Official Supreme Court Transcript — file page 6, lines 5-15 — Transcript, file page 6, lines 5-15
- Official Supreme Court Transcript — file page 7, lines 21-23 — Transcript, file page 7, lines 21-23
- Official Supreme Court Transcript — file page 7, lines 29-33 — Transcript, file page 7, lines 29-33
- Official Supreme Court Transcript — file page 7, lines 37-41 — Transcript, file page 7, lines 37-41
- Official Supreme Court Transcript — file page 8, lines 35-5 — Transcript, file page 8, lines 35-5
- Official Supreme Court Transcript — file page 8, lines 9-17 — Transcript, file page 8, lines 9-17
- Official Supreme Court Transcript — file page 9, lines 15-17 — Transcript, file page 9, lines 15-17
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 26, lines 17-33 — Transcript, file page 26, lines 17-33
- Official Supreme Court Transcript — file page 3, lines 17-51 — Transcript, file page 3, lines 17-51
- Official Supreme Court Transcript — file page 26, lines 17-33 — Transcript, file page 26, lines 17-33
- Official Supreme Court Transcript — file page 3, lines 17-51 — Transcript, file page 3, lines 17-51
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.