851 N.W.2d 760
Wis.2014Background
- Anderson committed a violent home invasion, stabbing Hosey and Beavers-Jackson, after arriving at Hosey's residence in the early morning of August 9, 2008.
- Beavers-Jackson survived; Hosey died from multiple stab wounds; Anderson was apprehended at the scene, threatening Officer LeFeber with a knife.
- Anderson testified at trial that he had a few beers and was taking Strattera (prescription) for about two months, which he claimed made him edgy.
- During trial, Dr. Johnston testified that a combination of factors including Strattera and alcohol created a temporary mental defect, potentially affecting conduct.
- The circuit court gave a jury instruction stating that a temporary mental state brought about by voluntary taking of drugs or alcohol does not constitute a mental defect, which the court of appeals later reversed.
- Anderson entered an Alford plea on both counts; the case moved to an insanity defense phase, with experts for and against NGI.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the jury instruction mis-stated the law on mental defect | Anderson argued prescription drugs were not excluded from NGI consideration | State argued the instruction was technically incorrect but harmless | Instruction was an accurate statement of the law |
| Whether prescription medication can form the basis of an NGI defense | Anderson argued prescription meds could support NGI when used with alcohol | State argued NGI cannot be premised on prescription drug use alone; alcohol interaction precludes it | Prescription meds alone cannot create NGI; the state of the law is that meds with alcohol do not support NGI |
Key Cases Cited
- Gardner v. State, 230 Wis. 2d 32 (Wis. Ct. App. 1999) (prescription drugs can support involuntary intoxication defense)
- Kolisnitschenko v. State, 84 Wis. 2d 492 (Wis. 1978) (insanity cannot be premised on alcohol and illegal drugs)
- Gibson v. State, 55 Wis.2d 110 (Wis. 1972) (early NGI/involuntary intoxication principles in Wisconsin)
- Godfrey v. State, 41 Wis.2d 401 (Wis. 1969) (drugs and alcohol interplay; voluntary intoxication consequences)
- Strege v. State, 116 Wis.2d 477 (Wis. 1984) (evidentiary standards for intoxication defenses)