What is the test for an instruction that describes the relationship between voluntary intoxication and the mental state for torture murder?

California, United States of America


The following excerpt is from People v. Rodriguez, H038219 (Cal. App. 2013):

Moreover, even if defendant had requested an instruction that described the relationship between voluntary intoxication and the mental state for torture murder, the trial court was not required to give such an instruction.1 "A defendant is entitled to such an instruction only when there is substantial evidence of the defendant's voluntary intoxication and the intoxication affected the defendant's 'actual formation of specific intent.' " (People v. Williams (1997) 16 Cal.4th 635, 677.) Here, there was not substantial evidence that defendant was intoxicated as a result of his ingestion of methamphetamine, and there was not substantial evidence that the ingestion of methamphetamine affected defendant's actual formation of specific intent to torture.

Page 10

Other Questions


Does the withholding of voluntary intoxication evidence to negate the mental state of arsonist negate his mental state? (California, United States of America)
Does a jury have a duty to instruct the jury on voluntary manslaughter and attempted voluntary manslaughter as lesser included offenses of murder and attempted murder? (California, United States of America)
What is the state of the mental state required to convict a defendant of attempted murder? (California, United States of America)
When will a jury consider a defendant's mental state as a mitigating factor in determining his mental state? (California, United States of America)
What is the state of the mental state of a defendant in a murder case? (California, United States of America)
What are the findings of the California Superior Court of Appeal on the grounds that the instructions given by defendant in his conspiracy to commit felony murder were not tantamount to felony murder instructions? (California, United States of America)
When does the torture special circumstance apply when the first degree murder is a torture murder? (California, United States of America)
Is there any case law that supports the argument that a murder by torture by torture is not murder by means of physical evidence? (California, United States of America)
Can a defendant seek to have the jury consider his mental disorders in combination with his intoxication when assessing his mental state at the time of the crime? (California, United States of America)
What is the state of the mental state of a defendant in a murder case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.