Opinion
No. 2011AP1467–CR.
2013-08-15
STATE of Wisconsin, Plaintiff–Respondent, v. Donyil Leeiton ANDERSON, Sr., Defendant–Appellant.
Gardner, 230 Wis.2d at 42, 601 N.W.2d 670 (emphasis added). Relying on this language, and especially the italicized clause, the State argues that we held in Gardner that the mixed and voluntary use of both prescription drugs and alcohol renders the mental disease or defect defense unavailable whenever there is undisputed evidence that alcohol contributed to the mental disease or defect. The State appears to take the view that, in such a mixed use situation, it is not necessary to allow a jury to reach a conclusion based on more specific evidence of the role of alcohol, such as the amount and timing of alcohol consumed or the defendant's prior knowledge about possible side effects resulting from the interaction of alcohol and the prescription drug.