50 Kansas opinions name it 2 courts 1978–2026 8 in the last five years
The cases below were cited by Kansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Shehangreen2 sentences1993While it is true that a defendant in a criminal case may present and rely upon inconsistent defenses, State v. Shehan, 242 Kan. 127 , Syl. ¶ 2, the defendant’s testimony in support of his theory of self-defense undermines his claim that there was sufficient evidence to warrant the giving of a voluntary intoxication instruction. 1993State v. Payton, 229 Kan. 106, 114 , 622 P.2d 651 (1981).” (Emphasis added.) In State v. Shehan, 242 Kan. 127 , Syl. ¶ 5, 744 P.2d 824 (1987), the court held: “To require the giving of an instruction on voluntary intoxication there must be some evidence of intoxication upon which a jury might find that a defendant’s mental faculties were impaired to the extent that he was incapable of forming the necessary specific intent required to commit the crime.” In this case, we conclude there was not sufficient evidence to justify the giving of a voluntary intoxication instruction. | 3 | 6 |
State v. Hiltgreen2 sentences2020A voluntary intoxication instruction is not required unless "the State or the defendant presents sufficient evidence showing intoxication to the extent of impairing the ability to form the requisite intent." State v. Betancourt, 299 Kan. 131, 141 , 322 P.3d 353 (2014). "'This court will not infer impairment based on evidence of consumption alone.'" State v. Hilt, 299 Kan. 176, 193 , 322 P.3d 367 (2014). 2020A voluntary intoxication instruction is not required unless "the State or the defendant presents sufficient evidence showing intoxication to the extent of impairing the ability to form the requisite intent." State v. Betancourt, 299 Kan. 131, 141 , 322 P.3d 353 (2014). "'This court will not infer impairment based on evidence of consumption alone.'" State v. Hilt, 299 Kan. 176, 193 , 322 P.3d 367 (2014). | 2 | 6 |
State v. Kershawgreen2 sentences2022As the Kansas Supreme Court has explained: "The jury is entitled to know the law applicable to the case before it, including whether the defendant can employ a voluntary intoxication defense to the charges against [them]." State v. Kershaw, 302 Kan. 772, 779 , 359 P.3d 52 (2015). 2022As the Kansas Supreme Court has explained: "The jury is entitled to know the law applicable to the case before it, including whether the defendant can employ a voluntary intoxication defense to the charges against [them]." State v. Kershaw, 302 Kan. 772, 779 , 359 P.3d 52 (2015). | 2 | 4 |
State v. Plummergreen2 sentences2020See State v. Plummer, 295 Kan. 156, 162 , 283 P.3d 202 (2012). 4. 2020See State v. Plummer, 295 Kan. 156, 162 , 283 P.3d 202 (2012). 4. | 2 | 4 |
State v. Beckergreen2 sentences2020State 13 v. Betancourt, 299 Kan. 131, 141 , 322 P.3d 353 (2014); see also State v. Becker, 311 Kan. 176 , Syl. ¶ 6, 459 P.3d 173 (2020) (need for "direct evidence" of impairment in a premeditated first-degree homicide trial). 2020See Becker, 459 P.3d at 184 (a reviewing court will not infer impairment based on evidence of consumption alone). | 2 | 2 |
State v. Betancourtgreen2 sentences2020A voluntary intoxication instruction is not required unless "the State or the defendant presents sufficient evidence showing intoxication to the extent of impairing the ability to form the requisite intent." State v. Betancourt, 299 Kan. 131, 141 , 322 P.3d 353 (2014). "'This court will not infer impairment based on evidence of consumption alone.'" State v. Hilt, 299 Kan. 176, 193 , 322 P.3d 367 (2014). 2020A voluntary intoxication instruction is not required unless "the State or the defendant presents sufficient evidence showing intoxication to the extent of impairing the ability to form the requisite intent." State v. Betancourt, 299 Kan. 131, 141 , 322 P.3d 353 (2014). "'This court will not infer impairment based on evidence of consumption alone.'" State v. Hilt, 299 Kan. 176, 193 , 322 P.3d 367 (2014). | 1 | 7 |
State v. Sterlinggreen2 sentences2011“Although voluntary intoxication is not a defense to general intent crimes, a voluntary intoxication defense may be used to negate the intent element of specific intent crimes.” State v. Jones, 283 Kan. 186, 209 , 151 P.3d 22 (2007) (citing State v. Sterling, 235 Kan. 526, 528 , 680 P.2d 301 [1984]; K.S.A. 21-3208(2) (intoxication); State v. Ludlow, 256 Kan. 139, 144-45 , 883 P.2d 1144 [1994]). 2011“Although voluntary intoxication is not a defense to general intent crimes, a voluntary intoxication defense may be used to negate the intent element of specific intent crimes.” State v. Jones, 283 Kan. 186, 209 , 151 P.3d 22 (2007) (citing State v. Sterling, 235 Kan. 526, 528 , 680 P.2d 301 [1984]; K.S.A. 21-3208(2) (intoxication); State v. Ludlow, 256 Kan. 139, 144-45 , 883 P.2d 1144 [1994]). | 1 | 6 |
State v. Hernandezgreen2 sentences2020In State v. Hernandez, 292 Kan. 598, 607 , 257 P.3d 767 (2011), the court determined evidence of alcohol and marijuana consumption and testimony that the defendant was "'high' or 'intoxicated'" was not sufficient to require a voluntary intoxication instruction. 2020In State v. Hernandez, 292 Kan. 598, 607 , 257 P.3d 767 (2011), the court determined evidence of alcohol and marijuana consumption and testimony that the defendant was "'high' or 'intoxicated'" was not sufficient to require a voluntary intoxication instruction. | 1 | 5 |
State v. Seelygreen2 sentences1993Minski suggests that in State v. Seeley, 212 Kan. 195 , 510 P.2d 115 (1973), we held that the giving of a voluntary intoxication instruction was proper even though Seeley could not recall any involvement in the crime he was charged with. 1993Minski suggests that in State v. Seeley, 212 Kan. 195 , 510 P.2d 115 (1973), we held that the giving of a voluntary intoxication instruction was proper even though Seeley could not recall any involvement in the crime he was charged with. | 1 | 3 |
State v. Gallegosgreen2 sentences2023State v. Gallegos, 313 Kan. 262 , 271, 485 P.3d 622 (2021). 2022See State v. Gallegos, 313 Kan. 262 , 271, 485 P.3d 622 (2021) ("voluntary intoxication may negate the intent element of a specific intent crime"); K.S.A. 2020 Supp. 21-5205(b) ("An act committed while in a state of voluntary intoxication is not less criminal by reason thereof, but when a particular intent or other state of mind is a necessary element to constitute a particular crime, the fact of intoxication may be taken into consideration in determining such intent or state of mind."); State v. Mattox, 305 Kan. 1015 , 1025, 390 P.3d 514 (2017) (stating aggravated kidnapping is a specific int | 1 | 2 |
State v. Mooregreen2 sentences2020State v. Moore, 287 Kan. 121, 134 , 194 P.3d 18 (2008). 2020State v. Moore, 287 Kan. 121, 134 , 194 P.3d 18 (2008). | 1 | 2 |
State v. Hayesgreen2 sentences2010State v. Jones, 283 Kan. 186, 209 , 151 P.3d 22 (2007); State v. Hayes, 270 Kan. 535, 542-43 , 17 P.3d 317 (2001); PIK Crim.3d 54.12-A. McMillan argues that the district court should have given a voluntary-intoxication instruction because the jury could have found that he did not intend to kill Jamison because he was too intoxicated. 2010State v. Jones, 283 Kan. 186, 209 , 151 P.3d 22 (2007); State v. Hayes, 270 Kan. 535, 542-43 , 17 P.3d 317 (2001); PIK Crim.3d 54.12-A. McMillan argues that the district court should have given a voluntary-intoxication instruction because the jury could have found that he did not intend to kill Jamison because he was too intoxicated. | 1 | 2 |
State v. Andrewgreen1 sentence2024See State v. Andrew, 301 Kan. 36, 46-47 , 340 P.3d 476 (2014). | 1 | 1 |
State v. Waldschmidtgreen1 sentence2024See State v. Waldschmidt, 318 Kan. 633 , Syl. ¶ 9, 546 P.3d 716 (2024); State v. Cofield, 288 Kan. 367, 378 , 203 P.3d 1261 (2009). | 1 | 1 |
State v. Andrewgreen1 sentence2024See State v. Andrew, 301 Kan. 36, 46-47 , 340 P.3d 476 (2014). | 1 | 1 |
| – State v. Harris –green | 1 | 1 |
| State v. Craiggreen | 1 | 1 |
| State v. Morrisgreen | 1 | 1 |
| State v. Wellsgreen | 1 | 1 |
| State v. Barbergreen | 1 | 1 |
| State v. Minskigreen | 1 | 1 |
| State v. Saleemgreen | 1 | 1 |
| State v. Browngreen | 1 | 1 |
| State v. Boydgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Gadelkarim
green
2 sentences1993In a recent case decided by this court, State v. Gadelkarim, 247 Kan. 505 , 802 P.2d 507 (1990), we held that it was error for the trial court to have refused to give a voluntary intoxication instruction. 1993In a recent case decided by this court, State v. Gadelkarim, 247 Kan. 505 , 802 P.2d 507 (1990), we held that it was error for the trial court to have refused to give a voluntary intoxication instruction. | 3 | 1993–1995 |
State v. Murrin
green
2 sentences2026After concluding that voluntary intoxication was not legally appropriate, our Supreme Court noted there was a "complication" in the case: The jury was instructed it had "to find that Murrin 'knew or should have known that Officer Galindo was a law enforcement officer.'" 309 Kan. at 399 . 2020Accordingly, we conclude the knowledge requirement of K.S.A. 21- 3502(a)(1)(C) justified a voluntary intoxication defense." Roberson further asserts our Supreme Court recently applied similar reasoning in Murrin, 309 Kan. at 397 : "The key language in [K.S.A. 2018 Supp. 21-5205(b)] is not 'particular intent or other state of mind'; rather, it is the language that makes it a 'necessary element to constitute a particular crime.' This language establishes that voluntary intoxication is an available defense when a defining mental state is a stand-alone element separate and distinct from the actus | 2 | 2020–2026 |
State v. Reed
green
2 sentences2020State v. Reed, 302 Kan. 390, 400 , 352 P.3d 1043 (2015). 2020State v. Reed, 302 Kan. 390, 400 , 352 P.3d 1043 (2015). | 2 | 2020–2020 |
State v. Cheever
green
2 sentences2017Cheever did not waive his privilege against self-incrimination under the Fifth Amendment to the United States Constitution by presenting a voluntary intoxication defense to the capital murder charges against him. 295 Kan. at 251 . 2016Cheever did not waive his privilege against self-incrimination under the Fifth Amendment to the United States Constitution by presenting a voluntary intoxication defense to the capital murder charges against him. 295 Kan. at 251 . | 2 | 2016–2017 |
State v. Ludlow
green
2 sentences2011“Although voluntary intoxication is not a defense to general intent crimes, a voluntary intoxication defense may be used to negate the intent element of specific intent crimes.” State v. Jones, 283 Kan. 186, 209 , 151 P.3d 22 (2007) (citing State v. Sterling, 235 Kan. 526, 528 , 680 P.2d 301 [1984]; K.S.A. 21-3208(2) (intoxication); State v. Ludlow, 256 Kan. 139, 144-45 , 883 P.2d 1144 [1994]). 2011“Although voluntary intoxication is not a defense to general intent crimes, a voluntary intoxication defense may be used to negate the intent element of specific intent crimes.” State v. Jones, 283 Kan. 186, 209 , 151 P.3d 22 (2007) (citing State v. Sterling, 235 Kan. 526, 528 , 680 P.2d 301 [1984]; K.S.A. 21-3208(2) (intoxication); State v. Ludlow, 256 Kan. 139, 144-45 , 883 P.2d 1144 [1994]). | 2 | 2007–2011 |
State v. Jones
green
2 sentences2011“Although voluntary intoxication is not a defense to general intent crimes, a voluntary intoxication defense may be used to negate the intent element of specific intent crimes.” State v. Jones, 283 Kan. 186, 209 , 151 P.3d 22 (2007) (citing State v. Sterling, 235 Kan. 526, 528 , 680 P.2d 301 [1984]; K.S.A. 21-3208(2) (intoxication); State v. Ludlow, 256 Kan. 139, 144-45 , 883 P.2d 1144 [1994]). 2011“Although voluntary intoxication is not a defense to general intent crimes, a voluntary intoxication defense may be used to negate the intent element of specific intent crimes.” State v. Jones, 283 Kan. 186, 209 , 151 P.3d 22 (2007) (citing State v. Sterling, 235 Kan. 526, 528 , 680 P.2d 301 [1984]; K.S.A. 21-3208(2) (intoxication); State v. Ludlow, 256 Kan. 139, 144-45 , 883 P.2d 1144 [1994]). | 2 | 2010–2011 |
State v. Beebe
green
2 sentences2001In tracking the change in the PIK instruction to determine when the removal of "or other state of mind" occurred, Ludlow referenced the pattern instruction approved in State v. Beebe, 244 Kan. 48, 60-61 , 766 P.2d 158 (1988), noting that "the most obvious change [in the voluntary intoxication instruction] is in the lead-in declarationvoluntary intoxication changes from not being a defense to possibly being a defense." 256 Kan. at 145. 2001In tracking the change in the PIK instruction to determine when the removal of "or other state of mind" occurred, Ludlow referenced the pattern instruction approved in State v. Beebe, 244 Kan. 48, 60-61 , 766 P.2d 158 (1988), noting that "the most obvious change [in the voluntary intoxication instruction] is in the lead-in declarationvoluntary intoxication changes from not being a defense to possibly being a defense." 256 Kan. at 145. | 2 | 1995–2001 |
State v. Payton
green
2 sentences1993State v. Payton, 229 Kan. 106, 114 , 622 P.2d 651 (1981).” (Emphasis added.) In State v. Shehan, 242 Kan. 127 , Syl. ¶ 5, 744 P.2d 824 (1987), the court held: “To require the giving of an instruction on voluntary intoxication there must be some evidence of intoxication upon which a jury might find that a defendant’s mental faculties were impaired to the extent that he was incapable of forming the necessary specific intent required to commit the crime.” In this case, we conclude there was not sufficient evidence to justify the giving of a voluntary intoxication instruction. 1993State v. Payton, 229 Kan. 106, 114 , 622 P.2d 651 (1981).” (Emphasis added.) In State v. Shehan, 242 Kan. 127 , Syl. ¶ 5, 744 P.2d 824 (1987), the court held: “To require the giving of an instruction on voluntary intoxication there must be some evidence of intoxication upon which a jury might find that a defendant’s mental faculties were impaired to the extent that he was incapable of forming the necessary specific intent required to commit the crime.” In this case, we conclude there was not sufficient evidence to justify the giving of a voluntary intoxication instruction. | 2 | 1990–1993 |
State v. Cofield
green
2 sentences2024See State v. Waldschmidt, 318 Kan. 633 , Syl. ¶ 9, 546 P.3d 716 (2024); State v. Cofield, 288 Kan. 367, 378 , 203 P.3d 1261 (2009). 2024See State v. Waldschmidt, 318 Kan. 633 , Syl. ¶ 9, 546 P.3d 716 (2024); State v. Cofield, 288 Kan. 367, 378 , 203 P.3d 1261 (2009). | 1 | 2024–2024 |
State v. Bernhardt
green
1 sentence2023Our Supreme Court found no error in the jury instructions given at Bernhardt's trial. 304 Kan. at 472-77 . | 1 | 2023–2023 |
State v. McCorkendale
green
2 sentences2021Brown's case is very similar to State v. McCorkendale, 267 Kan. 263 , 979 P.2d 1239 (1999), where the defendant raised a voluntary intoxication defense to the charge of premeditated first-degree murder. 2021Brown's case is very similar to State v. McCorkendale, 267 Kan. 263 , 979 P.2d 1239 (1999), where the defendant raised a voluntary intoxication defense to the charge of premeditated first-degree murder. | 1 | 2021–2021 |
State v. Butler
green
2 sentences2020But in State v. Butler, 307 Kan. 831, 852 , 416 P.3d 116 (2018), the court held that the mental state needed to be proved for convicting the defendant for conspiracy to commit aggravated robbery was "'knowingly.'" We need not resolve that question, however, because the record demonstrates a voluntary intoxication instruction was not factually appropriate in Craig's case, so this claim of error fails on that basis. 2020But in State v. Butler, 307 Kan. 831, 852 , 416 P.3d 116 (2018), the court held that the mental state needed to be proved for convicting the defendant for conspiracy to commit aggravated robbery was "'knowingly.'" We need not resolve that question, however, because the record demonstrates a voluntary intoxication instruction was not factually appropriate in Craig's case, so this claim of error fails on that basis. | 1 | 2020–2020 |
State v. Kidd
green
2 sentences2020And in State v. Kidd, 293 Kan. 591, 596 , 265 P.3d 1165 (2011), the court held evidence showing the defendant consumed alcohol, made "'crazy' statements" and seemed "'buzzed'" was insufficient to require a voluntary intoxication instruction. 2020And in State v. Kidd, 293 Kan. 591, 596 , 265 P.3d 1165 (2011), the court held evidence showing the defendant consumed alcohol, made "'crazy' statements" and seemed "'buzzed'" was insufficient to require a voluntary intoxication instruction. | 1 | 2020–2020 |
State v. Dominguez
green
2 sentences2020The extent to which voluntary intoxication is a defense in Kansas is governed by K.S.A. 2019 Supp. 21-5205(b), which states: 32 "An act committed while in a state of voluntary intoxication is not less criminal by reason thereof, but when a particular intent or other state of mind is a necessary element to constitute a particular crime, the fact of intoxication may be taken into consideration in determining such intent or state of mind." See also State v. Dominguez, 299 Kan. 567, 591-92 , 328 P.3d 1094 (2014) (voluntary intoxication valid defense when crime requires specific intent). 2020The extent to which voluntary intoxication is a defense in Kansas is governed by K.S.A. 2019 Supp. 21-5205(b), which states: 32 "An act committed while in a state of voluntary intoxication is not less criminal by reason thereof, but when a particular intent or other state of mind is a necessary element to constitute a particular crime, the fact of intoxication may be taken into consideration in determining such intent or state of mind." See also State v. Dominguez, 299 Kan. 567, 591-92 , 328 P.3d 1094 (2014) (voluntary intoxication valid defense when crime requires specific intent). | 1 | 2020–2020 |
Trotter v. State
green
2 sentences2020See State v. Morris, 311 Kan. ___ , 463 P.3d 417, 423 (2020); State v. Craig, 311 Kan. ___ , 462 P.3d 173, 180-81 (2020); State v. Becker, 311 Kan. ___ , 459 P.3d 173, 184-85 (2020). 9 If the district court erred by failing to give the voluntary intoxication jury instruction, that is a trial error by the court and not evidence of ineffective counsel. "[T]rial errors are to be corrected by direct appeal, but trial errors affecting constitutional rights may be raised in a K.S.A. 60-1507 motion even though the error could have been raised on appeal, provided there were exceptional circumstances e 2020See State v. Morris, 311 Kan. ___ , 463 P.3d 417, 423 (2020); State v. Craig, 311 Kan. ___ , 462 P.3d 173, 180-81 (2020); State v. Becker, 311 Kan. ___ , 459 P.3d 173, 184-85 (2020). 9 If the district court erred by failing to give the voluntary intoxication jury instruction, that is a trial error by the court and not evidence of ineffective counsel. "[T]rial errors are to be corrected by direct appeal, but trial errors affecting constitutional rights may be raised in a K.S.A. 60-1507 motion even though the error could have been raised on appeal, provided there were exceptional circumstances e | 1 | 2020–2020 |
| State v. Schreiner green | 1 | 2019–2019 |
| State v. Rumble green | 1 | 2019–2019 |
| Ward v. Kansas green | 1 | 2019–2019 |
| Bingham v. United States green | 1 | 2019–2019 |
| State v. Ward green | 1 | 2019–2019 |
| State v. Baker green | 1 | 2014–2014 |
| State v. Warren green | 1 | 2014–2014 |
| State v. Rueckert green | 1 | 2011–2011 |
| State v. Lawrence green | 1 | 2008–2008 |
| State v. Cooperwood green | 1 | 2007–2007 |
| State v. Drennan green | 1 | 2007–2007 |
| State v. Bradford green | 1 | 2004–2004 |
| State v. Esher green | 1 | 2002–2002 |
| State v. Gonzales green | 1 | 2001–2001 |
| Martin v. Ohio green | 1 | 2001–2001 |
| State v. Falke green | 1 | 1999–1999 |
| State v. Masqua green | 1 | 1999–1999 |
| Baker v. Maryland green | 1 | 1999–1999 |
| State v. Wilson red | 1 | 1995–1995 |
| State v. McDaniel & Owens green | 1 | 1995–1995 |
| State v. Hupp green | 1 | 1994–1994 |
| State v. Gross neutral | 1 | 1993–1993 |
| State v. Carr green | 1 | 1990–1990 |
| State v. Bridges green | 1 | 1989–1989 |
| State v. James green | 1 | 1989–1989 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.