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STATE v. FLECK

No. A10-0681.

810 N.W.2d 303 (2012)

STATE of Minnesota, Appellant, v. Ronald Gene FLECK, Respondent.

Supreme Court of Minnesota.

February 15, 2012.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, Matthew Frank , Assistant Attorney General, St. Paul, MN; and Chad Larson , Douglas County Attorney, Alexandria, MN, for appellant.

David W. Merchant , Chief Appellate Public Defender, Jodi L. Carlson , Assistant State Public Defender, St. Paul, MN, for respondent.

Elizabeth J. Richards , Beverly Balos , St. Paul, MN, for amicus curiae Minnesota Coalition for Battered Women.

Rana Fuller , Minneapolis, MN, for amicus curiae Battered Women's Legal Advocacy Project.

Kristine Lizdas , Minneapolis, MN, for amicus curiae Battered Women's Justice Project.

OPINION

MEYER, Justice.

The issue presented is whether under Minn.Stat. § 609.075 (2010), a defendant is entitled to a voluntary intoxication jury instruction, when the State alleges an assault committed by the infliction of bodily harm (assault-harm). The State charged Ronald Gene Fleck with second-degree assault after he stabbed his former girlfriend. Fleck pleaded not guilty and demanded a jury trial. After all the evidence was presented to the jury...

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