Louisiana v. Clarke
Annotate this CaseDefendant Brian Clarke was charged with one count of home invasion. He provided notice of his intent to present the affirmative defense of voluntary intoxication at trial. In response, the State filed a motion in limine seeking to prohibit defendant from asserting an intoxication defense because, in the State’s view, home invasion was a general intent crime. The trial court granted the State’s motion. The court of appeal granted defendant’s writ application, and found that home invasion was a specific intent crime to which defendant was entitled to present voluntary intoxication as an affirmative defense. The Louisiana Supreme Court granted defendant’s application to determine whether the court of appeal correctly found that voluntary intoxication was an affirmative defense to the crime of home invasion. Based on the clear language of the statute that defines the crime of home invasion, La.R.S. 14:62.8, the Supreme Court agreed with the court of appeal that specific intent was a necessary element of the offense. "Therefore, whether voluntary intoxication is sufficient to preclude specific intent in this case is a question to be resolved by the trier of fact." Accordingly, the trial court erred in granting the State’s motion in limine to prohibit defendant from asserting voluntary intoxication as an affirmative defense.
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