People v. McMillen 

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2011 IL App (1st) 100366
Decision Date: 
Thursday, November 17, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
STERBA
Defendant was convicted of first degree murder. Defendant filed postconviction petition, claiming denial of constitutional right to present a complete defense because at time of offense, he was suffering from unknown adverse effects of prescription medication and cocaine, and thus involuntary intoxication defense applies. Defendant testified that he smoked crack cocaine on day of offense, and did not testify that doing so was other than by choice; thus, ingestion of cocaine is not "involuntary". Involuntary intoxication defense is not allowed where person voluntarily ingested illegal drug, and thus petition failed to demonstrate constitutional infirmity. (LAVIN and PUCINSKI, concurring.)