CRM/LAW C144 Chapter Notes - Chapter DECINA and CHEEK: Actus Reus, Demurrer, American Airlines
19 Jun 2017
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Defendant knowing he was subject to epileptic attacks. Underlying facts, the actual crime that took place. Demurrer, a pretrial motion: there is a voluntary act, getting into the car knowing you"re epileptic. Actus reus must be a voluntary act: there are limitations. Willfully failing to file federal income tax returns for a number of years, in violation of 26. Cheek appealed his convictions, charging the trial judge with error in instructing that only an objectively reasonable misunderstanding of the law negates the statutory willfulness requirement. Cannot be true if the jury credits good-faith misunderstanding and belief submission, whether or not the claimed belief or misunderstanding is objectively reasonable. On retrial, convicted on an instruction allowing the jury to consider whether the defendant"s stated belief about the tax statute was reasonable as a factor in deciding whether he held that belief in good faith .
