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NGI — jury instructions

By: WISCONSIN LAW JOURNAL STAFF//July 30, 2014//

NGI — jury instructions

By: WISCONSIN LAW JOURNAL STAFF//July 30, 2014//

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Wisconsin Supreme Court

Criminal

NGI — jury instructions

The circuit court did not err in instructing the jury that “[a] temporary mental state which is brought into existence by the voluntary taking of drugs or alcohol does not constitute a mental defect.”

“We conclude that the circuit court’s instruction to the jury was an accurate statement of the law. This court has never determined that consumption of prescription medication can give rise to a mental defect that would sustain an insanity defense. We decline to craft a new affirmative defense that would incorporate elements of the involuntary intoxication and insanity defenses simply because Anderson cannot meet the requirements of the involuntary intoxication defense statute. Moreover, even if the circuit court had instructed the jury that the consumption of ‘drugs and alcohol’ cannot create a mental defect, Anderson would fare no better, because it is established law that one who mixes prescription medication with alcohol is responsible for any resulting mental state. Accordingly, we reverse the decision of the court of appeals.”

Reversed.

2011AP1467-CR State v. Anderson

Gableman, J.

Attorneys: For Appellant: Schmaal, William E., Madison; For Respondent: Wellman, Sally L., Madison; O’Leary, David J., Janesville

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