What is the test for giving a jury a partial defense on unconsciousness due to voluntary intoxication?

California, United States of America


The following excerpt is from The PEOPLE V. RUIZ, E048044, No. INF060663 (Cal. App. 2010):

Here, the jury was instructed on involuntary manslaughter, but was not given CALCRIM No. 626 on unconsciousness due to voluntary intoxication. The trial court is required to instruct "on all theories of a lesser included offense which find substantial support in the evidence. On the other hand, the court is not obliged to instruct on theories that have no such evidentiary support." (People v. Breverman (1998) 19 Cal.4th 142, 162.) In the instant case there was insufficient evidence to support instruction on unconsciousness as a partial defense.

Page 13

Other Questions


What is the legal test for a defense counsel to pursue an innocence defense rather than a voluntary intoxication defense? (California, United States of America)
Can a defendant rely on his unconsciousness caused by voluntary intoxication as a defense to a charge of implied malice murder? (California, United States of America)
Is the partial defense of voluntary intoxication or mental disorder surviving? (California, United States of America)
Can a jury consider evidence of voluntary intoxication in the context of a defense of incomplete self defense? (California, United States of America)
Can a jury consider evidence of voluntary intoxication in the context of a defense of incomplete self defense? (California, United States of America)
Does the assertion of unconsciousness due to intoxication constitute an absolute defense to a general intent crime? (California, United States of America)
What is the test for the defense of involuntary intoxication to unconsciousness? (California, United States of America)
Can a prosecutor impugently call the integrity of defense counsel by asserting defense counsel would lose their bar cards if they argued in favor of voluntary manslaughter? (California, United States of America)
When will a trial court instruct the jury on the defense of unconsciousness and self-defense in a case of involuntary manslaughter? (California, United States of America)
Is voluntary intoxication a defense to a crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.