Is there any case law supporting the argument that the instructions to the jury on rape of an intoxicated woman were prejudicially incomplete and misleading?

California, United States of America


The following excerpt is from People v. Smith, 10 Cal. Daily Op. Serv. 15, 877, 120 Cal.Rptr.3d 52, 191 Cal.App.4th 199 (Cal. App. 2010):

Relying on People v. Giardino (2000) 82 Cal.App.4th 454, 98 Cal.Rptr.2d 315, defendant contends the trial court's instructions to the jury on rape of an intoxicated woman were prejudicially incomplete and misleading because they fail to "adequately distinguish[ ] between [the victim's] exercising 'poor judgment' and the complete inability to exercise 'reasonable judgment.' " Not so.

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