State v. Bigelow

Summary

The Nebraska Supreme Court affirmed the Court of Appeals' decision upholding Shannon D. Bigelow's conviction for third degree assault on an officer. The court held that the evidence did not support a proposed insanity instruction because it showed drug-related impairment rather than a mental disease or defect, but did support an instruction addressing voluntary and involuntary intoxication. The court further held that the intoxication instruction correctly stated Nebraska law, was not misleading, and adequately covered the evidence.

Holdings

1. The district court properly refused the proposed insanity-defense instruction because the evidence did not establish that Bigelow suffered from a mental disease or defect at the time of the offense.
2. The evidence supported an instruction addressing both voluntary and involuntary intoxication.
3. The intoxication instruction correctly stated the law, was not misleading, and adequately covered the intoxication issues supported by the pleadings and evidence.

Questions Presented

1. Whether the evidence warranted Bigelow's proposed jury instruction on the insanity defense.
2. Whether the evidence supported an instruction on voluntary and involuntary intoxication.
3. Whether the intoxication instruction correctly stated Nebraska law, was not misleading, and adequately covered the issues supported by the evidence.

Disposition

affirmed