Can a jury consider whether there was insufficient evidence of mental impairment or intoxication in the case of a defendant's mental state?
MultiRegion, United States of America
The following excerpt is from McDowell v. Calderon, 107 F.3d 1351 (9th Cir. 1997):
The prosecutor properly could have argued that there was no evidence of mental impairment or intoxication and the jury could consider this lack of evidence. Cf. Tuilaepa v. California, 512 U.S. 967, 975-81,
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