What is the test for an insanity defense based on inebriation?
MultiRegion, United States of America
The following excerpt is from Davis v. Ducart, No. 2:16-cv-0733-JAM-EFB P (E.D. Cal. 2018):
10. To the extent petitioner argues that he could have staked an insanity defense based on his inebriation, that claim fails. See People v. Cabonce, 169 Cal. App. 4th 1421, 1434 (2009) ("Thus, there can be no insanity defense when the inability to tell right from wrong [is] derived (1) solely from an addiction or abuse of intoxicating substances, or (2) from a mental defect or disorder that itself was caused solely by such addiction or abuse.").
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