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Petition for Certiorari on Deliberate / Willful Ignorance / Conscious Avoidance / Ostrich Instruction

The second issue raised in both the Walton and the Brooks petitions for certiorari in United States v. Brooks, 681 F.3d 678 (5th Cir. 2012), Wesley C. Walton v. United States of America and James Brooks v. United States of America , is whether the trial court properly instructed the jury on deliberate...

Conscious Avoidance All Over Again

I am again back on the conscious avoidance issue in its use generally and specifically in tax crimes. The background is that tax crimes are the -- certainly an -- exception in Anglo-American jurisprudence where ignorance of the law is a defense. Tax crimes require knowledge that the known facts are a...