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Argued March 20, 1996.
Decided June 13, 1996.
Attorney(s) appearing for the Case
Joseph P. Mazurek, Attorney General of Montana, argued the cause for petitioner. With him on the briefs were Pamela P. Collins, Assistant Attorney General, Clay R. Smith, and Carter G. Phillips.
Miguel A. Estrada argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Days, Acting Assistant Attorney General Keeney, Deputy Solicitor General Dreeben, and Nina Goodman.
Ann C. German argued the cause for respondent. With her on the brief was Amy N. Guth.*
Scalia, J., announced the judgment of the Court and delivered an opinion, in which Rehnquist, C. J., and Kennedy and Thomas, JJ., joined. Ginsburg, J., filed an opinion concurring in the judgment, p. 56. O'Connor, J., filed a dissenting opinion, in which Stevens, Souter, and Breyer, JJ., joined, p. 61. Souter, J., filed a dissenting opinion, p. 73. Breyer, J., filed a dissenting opinion, in which Stevens, J., joined, p. 79.
United States Supreme Court.
Justice Scalia announced the judgment of the Court and delivered an opinion, in which The Chief Justice, Justice Kennedy, and Justice Thomas join.
We consider in this case whether the Due Process Clause is violated by Montana Code Annotated § 45-2-203, which provides, in relevant part, that voluntary intoxication "may not be taken into consideration in determining the existence of a mental state which is an element of...
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