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State v. Anderson

Court of Appeals of Wisconsin.
Aug 15, 2013
838 N.W.2d 136 (Wis. Ct. App. 2013)

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.



Summaries of

State v. Anderson

Court of Appeals of Wisconsin.
Aug 15, 2013
838 N.W.2d 136 (Wis. Ct. App. 2013)
Case details for

State v. Anderson

Case Details

Full title:STATE of Wisconsin, Plaintiff–Respondent, v. Donyil Leeiton ANDERSON, Sr.…

Court:Court of Appeals of Wisconsin.

Date published: Aug 15, 2013

Citations

838 N.W.2d 136 (Wis. Ct. App. 2013)
350 Wis. 2d 505
2013 WI App. 115