Does the withholding of voluntary intoxication evidence to negate the mental state of arsonist negate his mental state?
California, United States of America
The following excerpt is from People v. Atkins, 104 Cal.Rptr.2d 738, 18 P.3d 660, 25 Cal.4th 76 (Cal. 2001):
Finally, we reject defendant's argument that the withholding of voluntary intoxication evidence to negate the mental state of arson violates his due process rights by denying him the opportunity to prove he did not possess the required mental state. (Montana v. Egelhoff (1996)
[104 Cal.Rptr.2d 751]
518 U.S. 37, 39-40, 56, 116 S.Ct. 2013, 135 L.Ed.2d 361.)[104 Cal.Rptr.2d 751]
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