U.S. v. Kottwitz, No. 08-13740 (11th Cir.) (614 F.3d 1241) (August 19, 2010) (Per Curiam)
Loaded on Oct. 11, 2010
published in Punch and Jurists
October 11, 2010
Filed under:
Jury Instructions,
Punch And Jurists.
This is an important tax fraud decision in which the Eleventh Circuit reversed a number convictions for filing materially false personal income tax returns on the grounds that the district court erred in refusing to give the defendants’ requested special instruction to the jury on their good faith reliance on ...
Full article and associated cases available to subscribers.
As a digital subscriber to Punch and Jurists, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- U.S. v. Ruiz-Gaxiola, No. 08-10378 (9th Cir.) (623 F.3d 684) (September 24, 2010) (Judge Stephen Reinhardt)
- U.S. v. Ghailani, No. S10 98 Crim. 1023 (LAK) (S.D.N.Y.) (2010 WL 4006381) (October 6, 2010) (Judge Lewis A. Kaplan)
- U.S. v. Irving, No. 08-CR-640 (JG) (E.D.N.Y.) (682 F.Supp.2d 243) (February 8, 2010) (Judge John Gleeson)
- U.S. v. Bennett, No. 06-50580 (9th Cir.) (621 F.3d 1131) (September 10, 2010) (Judge Kim McLane Wardlaw)
- U.S. v. DiTomasso, No. 08-2567 (1st Cir.) (621 F.3d 16) (September 22, 2010) (Judge Bruce M. Selya)
- U.S. v. Ghailani, No. S10 98 Crim. 1023 (S.D.N.Y.) (743 F.Supp.2d 216) (October 6, 2010) (Judge Lewis A. Kaplan)
- U.S. v. Edwards, No. 08-30055 (9th Cir.) (622 F.3d 1215) (September 20, 2010) (Per Curiam)
- U.S. v. Polouizzi, No. 09-4594-cr (2nd Cir.) (393 Fed.Appx. 784) (September 22, 2010) (Per Curiam)
- Florence v. Bd. of Chosen Freeholders of County of Burlington, No. 09-3603 (3rd Cir.) (621 F.3d 296) (September 21, 2010) (Judge Thomas Michael Hardiman)
- U.S. v. Gardner, No. 08-4793-cr (2nd Cir.) (602 F.3d 97) (March 10, 2010) (Judge Robert A. Katzmann)
- U.S. v. Kottwitz, No. 08-13740 (11th Cir.) (614 F.3d 1241) (August 19, 2010) (Per Curiam)
More from these topics:
- Illinois Supreme Court Announces Conviction for Attempted First Degree Murder Requires ‘Intent to Kill Without Lawful Justification, Aug. 1, 2025. Jury Instructions, Ineffective Assistance of Counsel, Inconsistent.
- South Carolina Supreme Court Announces Traditional Four-Element Standard for When Person Has Right to Use Deadly Force in Self-Defense Not Applicable to Non-Deadly Force Self-Defense Analysis, May 15, 2025. Defenses, Jury Instructions.
- Minnesota Supreme Court Clarifies Standard for Determining Whether a Defendant Is Entitled to Jury Instructions on Self-defense and Defense of Others, May 15, 2025. Defenses, Jury Instructions, Jury Instructions in Jury Room.
- Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction, March 15, 2025. Jury Instructions, Evidence - Failure to Disclose.
- Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025. Jury Instructions, Resentencing, Threats, Negligence/Reckless Endangerment.
- Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant, Oct. 1, 2024. Defenses, Jury Instructions, Motive/Opportunity/Intent/Identity Evidence.
- Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1), June 15, 2024. Jury Instructions, Essential Elements of Crime, Mens Rea Element, Elements of Offense, Failure to Instruct on Scienter Requirement.
- Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury, Dec. 15, 2023. Jury Instructions, Criminal Procedure, Fair Trial, Verdicts.
- California Supreme Court Vacates Second Degree Murder Conviction Where Jury Instructed on Now Invalid Felony-Murder Theory, Oct. 1, 2023. Jury Instructions, New Trial Motions, Murder/Felony Murder.
- New York Court of Appeals Announces When an Alternate Juror Is ‘Discharged’ and no Longer ‘Available for Service’, May 15, 2023. Jury Instructions, Jurors - Alternates.