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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 CourtListener

Cited by

20 cases in this archive cite this case.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.