NACDL - United States v. Wilkerson

United States v. Wilkerson

Brief Amicus Curiae of the National Association of Criminal Defense Lawyers in Support of Defendant-Appellant Wayne Wilkerson.

United States v. Wilkerson

Brief Details

Case No.: 20-6010
Brief Filed: April 05, 2021
Jurisdiction: 6th Circuit Court of Appeals

Key Topics in the Brief

Mens Rea | Criminal Intent | Fraud | Non-Disclosure | No Duty to Disclose

Briefs

United-States-v-Wilkerson-Brief.pdf

Prior Decision

Decision below 388 F.Supp.3d 969 (E.D.Tenn. July 2, 2019)

Argument(s)

The district court erred by not requiring mens rea, which is a cornerstone requirement for criminal liability and punishment. The district court erred in premising the fraud convictions on non-disclosure absent any cognizable duty to disclose.

Author(s)

Stephen Ross Johnson, NACDL, Knoxville, TN; Joshua L. Dratel, NACDL, New York, NY.

Explore keywords to find information

6th Circuit Court of Appeals
Amicus Briefs
Criminal Intent
Fraud
Mens Rea
No Duty to Disclose
Non-Disclosure

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United States v. Wilkerson

Brief Details

Key Topics in the Brief

Briefs

Prior Decision

Argument(s)

Author(s)

Explore keywords to find information

MyCase

Featured Products

The AI Playbook for Defenders: Practical Prompts for Trials

Pozner on Cross: The Chapter Method (7-Hours)

Criminal Evidence Disclosure & Admissibility Handbook

Cross-Examination: Science & Techniques - 4th Edition

Defending Sexual Assault Cases: A Comprehensive Trial Manual

Pozner's Red Book on Cross: Lessons in Advanced Cross-Examination