voluntary intoxication instruction in Washington

2015To receive a voluntary intoxication instruction regarding alcohol, a defendant must show "(1) the crime charged has as an element a particular mental state, (2) there is substantial evidence of drinking, and (3) the defendant presents evidence that the drinking affected [the defendant's] ability to acquire the required mental state." State v. Everybodytalksabout, 145 Wn.2d 456,479 , 39 P.3d 294 (2002). 7 No. 32271-8-111 State v. Fawver Mr. Fawver's argument founders on the third prong of the test. 2 While both the assault and burglary charges required intentional conduct, there is absolutely n

2011To receive a voluntary intoxication instruction regarding alcohol, a defendant must show "(1) the crime charged has as an element a particular mental state, (2) there is substantial evidence of drinking, and (3) the defendant presents evidence that the drinking affected [the defendant's] ability to acquire the required mental state." State v. Everybodytalksabout, 145 Wash.2d 456, 479 , 39 P.3d 294 (2002). ¶ 20 The three charged offenses all required a showing of intent.

2024A defendant is entitled to a voluntary intoxication instruction when “(1) the charged offense has a particular mens rea, (2) there is substantial evidence the defendant was drinking and/or using drugs, and (3) there is evidence the drinking or drug use affected the defendant’s ability to acquire the required mental state.” State v. Webb, 162 Wn.

2019A defendant is entitled to a voluntary intoxication instruction when “(1) the charged offense has a particular mens rea, (2) there is substantial evidence the defendant was drinking and/or using drugs, and (3) there is evidence the drinking or drug use affected the defendant’s ability to acquire the required mental state.” State v. Webb, 162 Wn.

2018Id. at 889 , 735 P.2d 64 . ¶167 Schierman also argues that the voluntary intoxication instruction should have "appl[ied] to the aggravating factor of common scheme or plan." Appellant's Opening Br. at 94.

2018Id. at 889 , 735 P.2d 64 . ¶167 Schierman also argues that the voluntary intoxication instruction should have "appl[ied] to the aggravating factor of common scheme or plan." Appellant's Opening Br. at 94.

2026There, the trial court did not give a voluntary intoxication instruction despite evidence that Priest consumed alcohol and “had ample opportunity to see the punched out ignition.” Priest, 100 Wn.

2011State v. Priest, 100 Wash.App. 451, 454-55 , 997 P.2d 452 (2000). ¶ 48 At the conclusion of his case, Mr. Webb requested a voluntary intoxication instruction.

2025“A criminal defendant is entitled to a voluntary intoxication instruction if: (1) one of the elements of the crime charged is a particular mental state; (2) there is substantial evidence of ingesting an intoxicant; and (3) the defendant presents evidence that this activity affected his ability to acquire the required mental state.” State v. Harris, 122 Wn.

2017When a voluntary intoxication instruction is sought, the defendant must show “(1) one of the elements of the crime charged is a particular mental state; (2) there is substantial evidence [that the defendant] ingest[ed] an intoxicant; and (3) the defendant presents evidence that this activity affected his ability to acquire the required mental state.” State v. Harris, 122 Wn.

1992State v. Simmons, 30 Wn.

1984E.g., State v. Simmons, 30 Wn.

1983A voluntary intoxication instruction was not necessary. [3] "A defendant is entitled to have his theory of the case submitted to the jury under appropriate instructions when the theory is supported by substantial evidence in the *415 record." [2] State v. Griffith, 91 Wn.2d 572, 574 , 589 P.2d 799 (1979).

1983A voluntary intoxication instruction was not necessary. [3] "A defendant is entitled to have his theory of the case submitted to the jury under appropriate instructions when the theory is supported by substantial evidence in the *415 record." [2] State v. Griffith, 91 Wn.2d 572, 574 , 589 P.2d 799 (1979).

2025App. 547, 552 , 90 P.3d 1133 (2004) (citing State v. Everybodytalksabout, 145 Wn.2d 456, 479 , 39 P.3d 294 (2002)).

2017App. 547, 552 , 90 P.3d 1133 (2004) (citing State v. Everybodytalksabout, 145 Wn.2d 456, 479 , 39 P.3d 294 (2002)).

2024App. 195, 209 , 252 P.3d 424 (2011).

2019App. 195, 209 , 252 P.3d 424 (2011).

2023Id.

2020App. 2d 520, 536, 422 P.3d 489 (2018).

2023In order to receive a voluntary intoxication instruction, a defendant must show “(1) the crime charged has an element of a particular mental state, (2) there is substantial evidence of drinking [or drug use], and (3) the defendant presents evidence that the drinking [or drug use] affected the defendant’s ability to acquire the required 9 84451-2-I/10 mental state.” Walters, 162 Wn.

2020On appeal, the court held that there was “sufficient physical evidence of intoxication to entitle Walters to a voluntary intoxication instruction.” Walters, 162 Wn.

2020We disagree. “[T]he Sixth Amendment [to the United States Constitution] right to counsel exists, and is needed, in order to protect the fundamental right to a fair trial.” Strickland v. Washington, 466 U.S. 668, 684 , 104 S. Ct. 2052 , 80 L.

2020We disagree. “[T]he Sixth Amendment [to the United States Constitution] right to counsel exists, and is needed, in order to protect the fundamental right to a fair trial.” Strickland v. Washington, 466 U.S. 668, 684 , 104 S. Ct. 2052 , 80 L.

2019Peralta , 187 Wash.2d at 892 , 389 P.3d 596 .

2019Peralta , 187 Wash.2d at 892 , 389 P.3d 596 .

2018And although Warden , 133 Wash.2d 559 , 947 P.2d 708 , involved a diminished capacity defense instead of a voluntary intoxication instruction, its reasoning supports Schierman's argument in this case. 27 In that case, the defendant "disguised herself as a delivery person and gained entry into [the victim's] residence," demanded money, broke a mason jar over the victim's head, and then stabbed the victim to death with a butcher knife she found in a kitchen drawer. 28 A defense expert testified that Warden suffered from PTSD (posttraumatic stress disorder ) resulting in dissociative episodes, an

2015And although Warden, 133 Wash.2d 559 , 947 P.2d 708 , involved a diminished capacity defense instead of a voluntary intoxication instruction, its reasoning supports Schierman's argument in this case. 27 In that case, the defendant "disguised herself as a delivery person and gained entry into [the victim's] residence," demanded money, broke a mason jar over the victim's head, and then stabbed the victim to death with a butcher knife she found in a kitchen drawer. 28 A defense expert testified that Warden suffered from PTSD (posttraumatic stress disorder ) resulting in dissociative episodes, and

2018In State v. Colwash , 15 Wash. App. 530 , 531-33, 550 P.2d 57 (1976), aff'd , 88 Wash.2d 468 , 564 P.2d 781 (1977), the defendant was convicted of second degree murder, which the evidence showed he committed "by stabbing [the victim] with a knife." The court instructed the jury that the homicide was neither excusable nor justifiable, but that "intoxication could be considered in determining the presence of intent." Id. at 531 , 550 P.2d 57 .

2018In State v. Colwash , 15 Wash. App. 530 , 531-33, 550 P.2d 57 (1976), aff'd , 88 Wash.2d 468 , 564 P.2d 781 (1977), the defendant was convicted of second degree murder, which the evidence showed he committed "by stabbing [the victim] with a knife." The court instructed the jury that the homicide was neither excusable nor justifiable, but that "intoxication could be considered in determining the presence of intent." Id. at 531 , 550 P.2d 57 .

2018And although Warden , 133 Wash.2d 559 , 947 P.2d 708 , involved a diminished capacity defense instead of a voluntary intoxication instruction, its reasoning supports Schierman's argument in this case. 27 In that case, the defendant "disguised herself as a delivery person and gained entry into [the victim's] residence," demanded money, broke a mason jar over the victim's head, and then stabbed the victim to death with a butcher knife she found in a kitchen drawer. 28 A defense expert testified that Warden suffered from PTSD (posttraumatic stress disorder ) resulting in dissociative episodes, an

2015And although Warden, 133 Wash.2d 559 , 947 P.2d 708 , involved a diminished capacity defense instead of a voluntary intoxication instruction, its reasoning supports Schierman's argument in this case. 27 In that case, the defendant "disguised herself as a delivery person and gained entry into [the victim's] residence," demanded money, broke a mason jar over the victim's head, and then stabbed the victim to death with a butcher knife she found in a kitchen drawer. 28 A defense expert testified that Warden suffered from PTSD (posttraumatic stress disorder ) resulting in dissociative episodes, and

2018The latter is not.24 "If the claim of diminished capacity is premised wholly or partly on the defendant's voluntary consumption of drugs or alcohol, however, one instruction can be adequate to permit the defendant to argue defendant's theory of the case."25 The supreme court has held that a voluntary intoxication instruction is 20 State v. Griffin 100 Wn.2d 417,419 , 670 P.2d 265 (1983). 21 State v. Atsbeha, 142 Wn.2d 904, 921 , 16 P.3d 626 (2001). 22 Id. at 918. 23 State v. Edmon 28 Wn.

2018The latter is not.24 "If the claim of diminished capacity is premised wholly or partly on the defendant's voluntary consumption of drugs or alcohol, however, one instruction can be adequate to permit the defendant to argue defendant's theory of the case."25 The supreme court has held that a voluntary intoxication instruction is 20 State v. Griffin 100 Wn.2d 417,419 , 670 P.2d 265 (1983). 21 State v. Atsbeha, 142 Wn.2d 904, 921 , 16 P.3d 626 (2001). 22 Id. at 918. 23 State v. Edmon 28 Wn.

2018State v. Thomas , 109 Wash.2d 222 , 231-32, 743 P.2d 816 (1987) (expert testimony "not absolutely necessary in order for a court to give an intoxication instruction"); Jones , 95 Wash.2d at 622 -23 , 628 P.2d 472 (defendant's testimony that he drank " 'nine or eleven' beers," combined with eyewitness testimony describing defendant's slurred speech, glassy eyes, and stint in the " 'drunk tank' " on the night of the offense, entitled the defendant to a voluntary intoxication instruction in murder case).

2018State v. Thomas , 109 Wash.2d 222 , 231-32, 743 P.2d 816 (1987) (expert testimony "not absolutely necessary in order for a court to give an intoxication instruction"); Jones , 95 Wash.2d at 622 -23 , 628 P.2d 472 (defendant's testimony that he drank " 'nine or eleven' beers," combined with eyewitness testimony describing defendant's slurred speech, glassy eyes, and stint in the " 'drunk tank' " on the night of the offense, entitled the defendant to a voluntary intoxication instruction in murder case).

2018In State v. Colwash , 15 Wash. App. 530 , 531-33, 550 P.2d 57 (1976), aff'd , 88 Wash.2d 468 , 564 P.2d 781 (1977), the defendant was convicted of second degree murder, which the evidence showed he committed "by stabbing [the victim] with a knife." The court instructed the jury that the homicide was neither excusable nor justifiable, but that "intoxication could be considered in determining the presence of intent." Id. at 531 , 550 P.2d 57 .

2018In State v. Colwash , 15 Wash. App. 530 , 531-33, 550 P.2d 57 (1976), aff'd , 88 Wash.2d 468 , 564 P.2d 781 (1977), the defendant was convicted of second degree murder, which the evidence showed he committed "by stabbing [the victim] with a knife." The court instructed the jury that the homicide was neither excusable nor justifiable, but that "intoxication could be considered in determining the presence of intent." Id. at 531 , 550 P.2d 57 .

2018State v. Warden , noted at 106 Wash. App. 1055 , 2001 WL 747659 , at *1 (appeal after remand).

2015State v. Warden, noted at 106 Wash. App. 1055 , 2001 WL 747659 , at *1 (appeal after remand).

2017State v. Thomas, 123 Wn.

2016A voluntary intoxication defense allows the jury to consider evidence of intoxication in determining whether the defendant acted with the intent required to commit the crime.8 State v. Thomas, 123 Wn.

2017App. 553, 569 , 326 P.3d 136 (2014). 77 Id. (quoting State v. Mriqlot, 88 Wn.2d 573 , 576 n.2, 564 P.2d 784 (1977)). 25 No. 72951-9-1/26 determination of whether the defendant acted with a particular degree of mental culpability.78 Gill did not assert a voluntary intoxication defense at trial.

2017App. 553, 569 , 326 P.3d 136 (2014). 77 Id. (quoting State v. Mriqlot, 88 Wn.2d 573 , 576 n.2, 564 P.2d 784 (1977)). 25 No. 72951-9-1/26 determination of whether the defendant acted with a particular degree of mental culpability.78 Gill did not assert a voluntary intoxication defense at trial.

2016App. 771, 781 , 98 P.3d 1258 (2004).

2011Id. at 781-82, 98 P.3d 1258 . ¶ 47 Three conditions must be met to justify a voluntary intoxication instruction.