United States v. Gene Wayne Barrett, Sr.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “[t]he victim testified that on the evening before the assault, she had drunk eight beers and smoked a marijuana cigarette,” that “she went to sleep” around midnight, and “was very tired because of the hour and her previous day’s activities”
• upholding conviction where the victim, though not fully awake until penetration, “vaguely remember[ed] someone pulling off her jeans and underwear”
• describing evidence sufficient to show a state of incapacity within the meaning of § 2242(2)(B)
• finding testimony that the victim was asleep when the defendant engaged in a sexual act with her sufficient to affirm conviction

Source: CourtListener parenthetical corpus (CC0).