State v. Kruger

In State v. Kruger (Wash.Ct.App. 2003) 67 P.3d 1147, the defendant was convicted of assaulting a police officer as a result of a "head butt." (Id. at p. 1149.) The defendant "did not deny that the event occurred; just that if it did, it was not intentional." (Ibid.) In that case, there was "ample evidence of the defendant's intoxication on both his mind and body, e.g., his 'blackout,' vomiting at the station, slurred speech, and imperviousness to pepper spray." (Id. at p. 1150.) Accordingly, the focus of the defense was the defendant's intent. (Ibid.) However, the jury was not instructed on voluntary intoxication. (Ibid.) Additionally, during deliberations the jury requested clarification about "intent & resisting." (Id. at p. 1148.) On this record, the court concluded that the defendant had established deficient performance and prejudice. (Id. at pp. 1150-1151.)