What is the test for a diminished capacity defense to murder?
MultiRegion, United States of America
The following excerpt is from Tahl v. O'CONNOR, 336 F. Supp. 576 (S.D. Cal. 1971):
There can be no doubt that counsel was very much aware that voluntary intoxication, though not a complete excuse of homicide, may be the basis of diminished capacity as a defense to murder. People v. Juarez, 258 Cal.App.2d 349, 65 Cal.Rptr. 630 (1968). This awareness is reflected both in the notes which counsel prepared prior to trial (Exhibit 3) and from his testimony at the evidentiary hearing:
[336 F. Supp. 585]
[336 F. Supp. 586]
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