Jury Instructions – Court Error

By: Derek Hawkins//September 12, 2016//

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7^th Circuit Court of Appeals

Case Name: United States of America v. C. Gregory Turner

Case No.: 15-1175

Officials: KANNE, ROVNER, and SYKES, Circuit Judges

Focus: Jury Instructions – Court Error

Court did not err in providing instructions to the jury on definition of willfulness

“Here, the district court did not commit any error. The district court accurately stated the law—its definition of “will‐ fully” is consistent with Bryan’s holding that, for willfulness, “the traditional rule that ignorance of the law is no excuse; knowledge that the conduct is unlawful is all that is required.” Id. at 196. Turner’s argument for a specific intent requirement was the very argument rejected by the Bryan Court. Id. at 192–96. Additionally, the district court did not abuse its discretion with its phrasing—its definition of “will‐ fully” closely tracks the explanation of “willfully” upheld by the Bryan Court.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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