What is the test for a defense counsel to request a voluntary intoxication instruction?
California, United States of America
The following excerpt is from People v. Harmon, B265455 (Cal. App. 2016):
We conclude that under such circumstances, any request for a voluntary intoxication instruction would have been futile, which would have been a satisfactory reason for defense counsel not to request it. (See People v. Price, supra, 1 Cal.4th at pp. 386-387; People v. Szadziewicz, supra, 161 Cal.App.4th at p. 836.)
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