The Colorado Supreme Court issued its opinion in In re People v. Voth on Monday, October 21, 2013.
Involuntary Intoxication—CRS § 18-1-804—Insanity—CRS § 16-8-101.5.
In this original CAR 21 proceeding, the Supreme Court held that the trial court abused its discretion when it found that a virus qualifies as a “substance” that can result in intoxication under CRS § 18-1-804. The Court further held that a defendant who is found to be legally insane at the time of the offense, but shortly thereafter regains sanity, may assert insanity as an affirmative defense if he or she meets all of the other relevant requirements.
The Court’s rule to show cause why the trial court’s order should not be vacated was made absolute. The case was remanded for further proceedings.
Summary and full case available here.