Rodgers v. State

I would reverse on the ground that the trial court erred in instructing the jury,1 at the state’s request, on the doctrine of “deliberate ignorance.” This is sometimes called an instruction on “willful blindness.”

The authorities relied on by the state hold that a jury may properly find the defendant has “knowledge” of the material facts where he has deliberately chosen to remain ignorant. See Wetzler v. State, 455 So.2d 511 (Fla. 1st DCA 1984); United States v. Aleman, 728 F.2d 492 (11th Cir. 1984); United States v. Rada-Solano, 625 F.2d 577 (5th Cir.), cert. denied, 449 U.S. 1021, 101 S.Ct.…