Is voluntary intoxication admissible on a charge of murder?

California, United States of America


The following excerpt is from People v. Ramirez, B270205 (Cal. App. 2018):

However, such evidence is admissible on the issue of whether the defendant actually formed a required specific intent or, with respect to a charge of murder, whether the defendant premeditated, deliberated, or harbored express malice aforethought. [Citation.]" (People v. Timms (2007) 151 Cal.App.4th 1292, 1296-1297, fn. omitted.) "A defendant is entitled to such an instruction only when there is substantial evidence of the defendant's voluntary intoxication and the intoxication affected the defendant's 'actual formation of specific intent.' [Citations.]" (People v. Williams (1997) 16 Cal.4th 635, 677.)

"[A]bsent a defense request, the trial court had no duty to instruct on voluntary intoxication. [Citations.]" (People v. Myles (2012) 53 Cal.4th 1181, 1217 (Myles).) Appellant therefore makes only a claim of ineffective assistance of counsel for trial counsel's failure to request such an instruction. Appellant's ineffective assistance claim fails for several reasons.

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