Can defense counsel avoid discussing drug use at trial?

MultiRegion, United States of America

The following excerpt is from Donias v. Fisher, No. 2:16-CV-2674-DMC-P (E.D. Cal. 2020):

Alternatively, defense counsel had good reason to avoid discussing petitioner's drug use during trial. Involuntary intoxication that results in unconsciousness may be a complete defense to a crime. People v. Mathson, 210 Cal. App. 4th 1297, 1313 (2012). However, "[t]he question of whether intoxication is voluntary or involuntary focuses on whether the intoxication is induced through the defendant's fault or the fault of another or whether the defendant knows or has reason to anticipate the intoxicating effects of the substance he or she ingests." Given how petitioner openly admitted to combining prescription medication with excessive consumption of alcohol, it would have been reasonable for defense counsel to doubt such a theory's success.

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