Supreme Court of Kansas· 7/29/2011
State v. Hernandez
Citations
- 257 P.3d 767
- 292 Kan. 598
- 2011 Kan. LEXIS 248
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding evidence that defendant consumed alcohol and marijuana and testimony that defendant was high or intoxicated insufficient to require instruction
- evidence of consumption of alcohol and marijuana, testimony that defendant was high, intoxicated insufficient to require instruction
- a defendant's ability to recall his or her actions demonstrates his or her faculties were sufficiently intact to negate a voluntary intoxication defense
- evidence that defendant consumed alcohol and marijuana, or that defendant was “ ‘high’ ” or “ ‘intoxicated’ ” does not permit an inference that defendant was so impaired that he was unable to form requisite intent
- defendant must show consumption led to impairment of mental faculties
- defendant's ability to recall his or her actions demonstrates faculties intact
Source: CourtListener parenthetical corpus (CC0).
Judges: Rosen
Read full opinion on CourtListenerCited by
20 cases in this archive cite this case.
- State v. HiltSupreme Court of Kansas· 2014-04-18· cited 137×
- State v. GallegosSupreme Court of Kansas· 2021-04-23· cited 107×
- State v. InkelaarSupreme Court of Kansas· 2011-10-21· cited 73×
- State v. SchreinerCourt of Appeals of Kansas· 2011-11-04· cited 44×
- State v. HarrisSupreme Court of Kansas· 2012-02-03· cited 41×
- State v. Buck-SchragSupreme Court of Kansas· 2020-12-18· cited 35×
- State v. JonesSupreme Court of Kansas· 2013-11-08· cited 32×
- State v. ReedSupreme Court of Kansas· 2015-07-10· cited 24×
- State v. KiddSupreme Court of Kansas· 2011-12-02· cited 22×
- State v. DominguezSupreme Court of Kansas· 2014-05-23· cited 22×
- State v. CraigSupreme Court of Kansas· 2020-05-01· cited 18×
- State v. StanleySupreme Court of Kansas· 2020-12-23· cited 18×
- State v. JacobsSupreme Court of Kansas· 2011-10-21· cited 17×
- State v. MooreSupreme Court of Kansas· 2020-08-21· cited 13×
- State v. MorrisSupreme Court of Kansas· 2020-05-15· cited 10×
- State v. GreenSupreme Court of Kansas· 2020-08-21· cited 7×
- State v. RameyCourt of Appeals of Kansas· 2014-03-28· cited 6×
- State v. DavisSupreme Court of Kansas· 2017-05-19
- State v. BobianSupreme Court of Kansas· 2025-08-22
- State v. GarrettCourt of Appeals of Kansas· 2026-05-22
Sourced from CourtListener / Free Law Project (CC0).
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