State v. Fleck
797 N.W.2d 733
Minn. Ct. App.2011Background
- Appellant Ronald G. Fleck was convicted of second-degree assault; he challenged the district court’s denial of a voluntary-intoxication jury instruction.
- The January 23, 2009 incident involved K.W. finding Fleck with a knife; she was stabbed and he spoke of finishing her off.
- Fleck had been drinking for seven days; after the stabbing, he stated he had taken 40 Seroquel pills and later fell unconscious; his blood alcohol was .315 at about 3:00 a.m.
- District court granted a voluntary-intoxication instruction for counts based on fear of immediate bodily harm but denied it for counts based on the intentional infliction of bodily harm.
- Jury found Fleck guilty on the counts for intentional infliction of bodily harm and acquitted others; he appealed asserting error in the intoxication instruction ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is assault with intent to inflict bodily harm a specific-intent crime warranting voluntary intoxication? | Fleck | State | Yes; it is a specific-intent crime, requiring instruction. |
| Was the failure to give the voluntary-intoxication instruction prejudicial error binding on appeal? | Fleck | State | Prejudicial error; not harmless beyond reasonable doubt; remand for new trial. |
Key Cases Cited
- State v. Lindahl, 309 N.W.2d 763 (Minn. 1981) (assault-related 'force' element discussed in context of general vs. specific intent)
- State v. Fortman, 474 N.W.2d 401 (Minn.App. 1991) (assault for intentional infliction of bodily harm treated as general-intent in Fortman)
- State v. Edrozo, 578 N.W.2d 719 (Minn. 1998) (assault is a specific-intent crime; essential elements discussed)
- State v. Vance, 734 N.W.2d 650 (Minn. 2007) (reaffirms 'intent to harm' as essential for assault; misinstruction reversal)
- State v. Kuhnau, 622 N.W.2d 552 (Minn. 2001) (harmful effect analysis for omitted jury instructions)
- State v. Shoop, 441 N.W.2d 475 (Minn. 1989) (harmless-error framework for jury-instruction omissions)
- State v. Lee, 683 N.W.2d 309 (Minn. 2004) (harmless-error standard applied to jury instruction errors)
- State v. Gerring, 378 N.W.2d 94 (Minn.App. 1985) (assault not a lesser-included offense of criminal sexual conduct; context for intent analysis)