Krause v. State

The issue presented in this case is whether the trial court committed fundamental error by instructing the jury that voluntary intoxication was not a defense, even though at the date of the commission of the crime, voluntary intoxication was still a viable defense. Although the trial court incorrectly instructed the jury on the law, we find the error was not fundamental error and does not compel a reversal.

Craig Krause resided with the victim and her son. Krause and the victim argued frequently, and Krause threatened to kill the victim several months before she was murdered. On August 21,…