State v. Gardner

David J. Gardner appeals from his conviction for armed burglary, false imprisonment while armed and second-degree sexual assault, claiming that the trial court erred in not allowing his expert to testify about his prescription medication's effect on his ability to distinguish right from wrong. We agree with Gardner that the involuntary intoxication defense is available when the intoxication was due to prescription medication taken as directed. However, our review of Gardner's offer of proof leads us to affirm the trial court's exclusion of the proffered testimony — Gardner's expert failed to…