6 District of Columbia opinions name it 1 courts 1973–2008 0 in the last five years
The cases below were cited by District of Columbia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Paul J. Heideman v. United Statesgreen2 sentences1997See Harris v. United States, 375 A.2d 505, 508 (D.C.1977); Heideman v. United States, 104 U.S.App.D.C. 128 , 131-32 n. 10, 259 F.2d 943 , 946 n. 10 (1958), cert. denied, 359 U.S. 959 , 79 S.Ct. 800 , 3 L.Ed.2d 767 (1959). . 1973But the mere fact of consumption of alcoholic beverages before the commission of a crime will not, by itself, relieve the perpetrator from criminal responsibility. 3 In Heideman v. United States, 104 U.S.App.D.C. 128 , 131, 259 F.2d 943, 946 (1958), cert. denied, 359 U.S. 959 , 79 S.Ct. 800 , 3 L.Ed.2d 767 (1959), the court said that an intoxication defense instruction is only necessary . if sufficient evidence on the intoxication issue has been introduced so that a reasonable man could possibly entertain a doubt therefrom that the accused was able to form the necessary intent. . . . | 2 | 3 |
Harris v. United Statesgreen2 sentences1997See Harris v. United States, 375 A.2d 505, 508 (D.C.1977); Heideman v. United States, 104 U.S.App.D.C. 128 , 131-32 n. 10, 259 F.2d 943 , 946 n. 10 (1958), cert. denied, 359 U.S. 959 , 79 S.Ct. 800 , 3 L.Ed.2d 767 (1959). . 1997See Harris v. United States, 375 A.2d 505, 508 (D.C.1977); Heideman v. United States, 104 U.S.App. | 2 | 2 |
Jefferson v. United Statesgreen2 sentences1997Jefferson v. United States, 474 A.2d 147, 151 (D.C.1984). 9 In denying the § 23-110 motion, the trial judge concluded that the evidence at trial did not justify giving such an instruction. 1997Jefferson v. United States, 474 A.2d 147, 151 (D.C.1984). [9] In denying the § 23-110 motion, the trial judge concluded that the evidence at trial did not justify giving such an instruction. | 2 | 2 |
Strickland v. Washingtongreen2 sentences1997In reviewing such tactical decisions, "a court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action `might be considered trial strategy.'" Strickland, supra, 466 U.S. at 689 , 104 S.Ct. at 2065 (citation omitted). [10] It may be that a first degree murder charge does not require the same degree of drunkenness to justify an intoxication-defense instruction given the elements of premeditation and deliberation in addition 1997In reviewing such tactical decisions, "a court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action `might be considered trial strategy.'" Strickland, supra, 466 U.S. at 689 , 104 S.Ct. at 2065 (citation omitted). [10] It may be that a first degree murder charge does not require the same degree of drunkenness to justify an intoxication-defense instruction given the elements of premeditation and deliberation in addition | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in District of Columbia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hicks v. Summerfield
green
2 sentences1997See Harris v. United States, 375 A.2d 505, 508 (D.C.1977); Heideman v. United States, 104 U.S.App.D.C. 128 , 131-32 n. 10, 259 F.2d 943 , 946 n. 10 (1958), cert. denied, 359 U.S. 959 , 79 S.Ct. 800 , 3 L.Ed.2d 767 (1959). . 1973But the mere fact of consumption of alcoholic beverages before the commission of a crime will not, by itself, relieve the perpetrator from criminal responsibility. 3 In Heideman v. United States, 104 U.S.App.D.C. 128 , 131, 259 F.2d 943, 946 (1958), cert. denied, 359 U.S. 959 , 79 S.Ct. 800 , 3 L.Ed.2d 767 (1959), the court said that an intoxication defense instruction is only necessary . if sufficient evidence on the intoxication issue has been introduced so that a reasonable man could possibly entertain a doubt therefrom that the accused was able to form the necessary intent. . . . | 3 | 1973–1997 |
Green v. Smyth
green
2 sentences1973But the mere fact of consumption of alcoholic beverages before the commission of a crime will not, by itself, relieve the perpetrator from criminal responsibility. 3 In Heideman v. United States, 104 U.S.App.D.C. 128 , 131, 259 F.2d 943, 946 (1958), cert. denied, 359 U.S. 959 , 79 S.Ct. 800 , 3 L.Ed.2d 767 (1959), the court said that an intoxication defense instruction is only necessary . if sufficient evidence on the intoxication issue has been introduced so that a reasonable man could possibly entertain a doubt therefrom that the accused was able to form the necessary intent. . . . 1973But the mere fact of consumption of alcoholic beverages before the commission of a crime will not, by itself, relieve the perpetrator from criminal responsibility. 3 In Heideman v. United States, 104 U.S.App.D.C. 128 , 131, 259 F.2d 943, 946 (1958), cert. denied, 359 U.S. 959 , 79 S.Ct. 800 , 3 L.Ed.2d 767 (1959), the court said that an intoxication defense instruction is only necessary . if sufficient evidence on the intoxication issue has been introduced so that a reasonable man could possibly entertain a doubt therefrom that the accused was able to form the necessary intent. . . . | 3 | 1973–1997 |
Washington v. United States
green
2 sentences2008In assessing whether an intoxication instruction is warranted, “[t]he trial court may look to the facts surrounding the offense to decide if the evidence could create a reasonable doubt in the mind of a reasonable juror as to whether a defendant possessed the requisite specific intent.” Washington, 689 A.2d at 574 . 2008In the case of a robbery, “the defendant’s careful advance preparation for the crime showed that he was working ‘logically, rationally and efficiently to the execution of his criminal purpose.’ ” Id. (quoting Heideman , 104 U.S.App. | 1 | 2008–2008 |
Powell v. United States
green
1 sentence2003Comber pointed to Powell v. United States, 485 A.2d 596 (D.C.1984), as an example of such “depraved heart” murder. | 1 | 2003–2003 |
United States v. Dale J. Scott
green
2 sentences1997D.C. 96, 529 F.2d 338 (1975) where several witnesses, including appellant, had testified at trial that appellant drank excessively on the morning he attempted to rob a bank; that the "odor" of alcohol on his breath was "repulsive"; that he was a chronic alcoholic who had been treated for that condition at least eighteen times at a clinic; and that although he carried no weapon during the course of the attempted robbery, one hand was thrust toward the teller with "the first finger bent with a knuckle extended" "as though he might have wanted to hold a gun or was holding a gun." Id. at 97, 529 F 1997D.C. 96, 529 F.2d 338 (1975) where several witnesses, including appellant, had testified at trial that appellant drank excessively on the morning he attempted to rob a bank; that the "odor" of alcohol on his breath was "repulsive"; that he was a chronic alcoholic who had been treated for that condition at least eighteen times at a clinic; and that although he carried no weapon during the course of the attempted robbery, one hand was thrust toward the teller with "the first finger bent with a knuckle extended" "as though he might have wanted to hold a gun or was holding a gun." Id. at 97, 529 F | 1 | 1997–1997 |
Smith v. United States
green
1 sentence1983The evidence must reveal such a degree of complete drunkenness that a person is incapable of forming the necessary intent essential to the commission of the crime charged.” Smith v. United States, D.C.App., 309 A.2d 58, 59 (1973) (quoting Heideman v. United States, 104 U.S.App.D.C. 128 , 131, 259 F.2d 943, 946 (1958), cert. denied, 359 U.S. 959 , 79 S.Ct. 800 , 3 L.Ed.2d 767 (1959)). | 1 | 1983–1983 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.