The following excerpt is from Dixon v. Yates, No. 2:10-cv-0631 JAM AC P (E.D. Cal. 2014):
The inference of an individual's subjective mental state from his conduct generally proceeds on the assumption that the individual is cognitively intact and would comprehend what a reasonable (i.e. cognitively intact) person would comprehend under the circumstances. This predicate assumption is disrupted by evidence that a defendant's cognitive functioning is impaired by mind-altering substances. Under California law, therefore, voluntary intoxication that prevents subjective appreciation of risk precludes a finding of malice and reduces second-degree murder to manslaughter. People v. Saille, 54 Cal. 3d 1103, 1116-17 (1991); People v. Whitfield, 7 Cal. 4th 437, 451 (1994). Petitioner's evidence creates a reasonable doubt as to appreciation of risk.
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