involuntary intoxication defense (Colorado) · Go Syfert
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involuntary intoxication defense in Colorado

5 Colorado opinions name it 2 courts 2002–2026 2 in the last five years

The cases below were cited by Colorado 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.

Followed or applied (6)

CaseFollowedCited
City of Minneapolis v. Altimusgreen
minn · 1976 · cited in 1 Colorado opinions naming this issue, 2026–2026
1 sentence

2026See, e.g. , Altimus , 238 N.W.2d at 856 .

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People v. Turnergreen
coloctapp · 1983 · cited in 1 Colorado opinions naming this issue, 2025–2025
1 sentence

2025See People v. Turner, 680 P.2d 1290, 1291-93 (Colo. App. 1983). 19 affected his behavior on the night in question.

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People v. Garciagreen
colo · 2005 · cited in 1 Colorado opinions naming this issue, 2013–2013
1 sentence

2013People v. Garcia, 113 P.3d 775, 783 (Colo.2005). .

11
People v. Caulleygreen
michctapp · 1992 · cited in 1 Colorado opinions naming this issue, 2008–2008
2 sentences

2008People v. Caulley, 197 Mich.App. 177, 184 , 494 N.W.2d 853, 857 (1992), is inapposite because the defendant there had asserted additional defenses, including Michigan's version of diminished capacity and insanity, and the defendant was required to show that he met the statutory definition of insanity to establish the defense of involuntary intoxication.

2008People v. Caulley, 197 Mich.App. 177, 184 , 494 N.W.2d 853, 857 (1992), is inapposite because the defendant there had asserted additional defenses, including Michigan's version of diminished capacity and insanity, and the defendant was required to show that he met the statutory definition of insanity to establish the defense of involuntary intoxication.

11
People v. Harigreen
ill · 2006 · cited in 1 Colorado opinions naming this issue, 2008–2008
2 sentences

2008People v. Hari, 218 Ill.2d 275, 295-96 , 300 Ill.Dec. 91 , 843 N.E.2d 349, 361 (2006), is Hikewise not pertinent because, although the defendant there had been diagnosed with a variety of conditions, including major depression and paranoid personality disorder, the combination of factors that the Illinois Supreme Court focused on in concluding that the defendant had raised an involuntary intoxication defense-medication, plus the defendant's "lack of sleep and alcohol dependency"-did not involve a mental disease or defect.

2008People v. Hari, 218 Ill.2d 275, 295-96 , 300 Ill.Dec. 91 , 843 N.E.2d 349, 361 (2006), is Hikewise not pertinent because, although the defendant there had been diagnosed with a variety of conditions, including major depression and paranoid personality disorder, the combination of factors that the Illinois Supreme Court focused on in concluding that the defendant had raised an involuntary intoxication defense-medication, plus the defendant's "lack of sleep and alcohol dependency"-did not involve a mental disease or defect.

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Tacorante v. Peoplegreen
colo · 1981 · cited in 1 Colorado opinions naming this issue, 2002–2002
2 sentences

2002See Tacorante v. People, 624 P.2d 1324, 1327-28 (Colo.1981)(in construing a statute that provides that a person is not criminally responsible for his or her conduct caused by intoxication that is not self-induced, court held that consumption of heroin by an addict causes self-induced, not involuntary, intoxication, and therefore the inability to refrain from drug use, by itself, did not warrant an involuntary intoxication instruction because "[mlere addiction is not sufficient to render the injection of heroin involuntary or unknowing," and that "carrying the appellant's argument to its logica

2002See Tacorante v. People, 624 P.2d 1324, 1327-28 (Colo.1981)(in construing a statute that provides that a person is not criminally responsible for his or her conduct caused by intoxication that is not self-induced, court held that consumption of heroin by an addict causes self-induced, not involuntary, intoxication, and therefore the inability to refrain from drug use, by itself, did not warrant an involuntary intoxication instruction because "[m]ere addiction is not sufficient to render the injection of heroin involuntary or unknowing," and that "carrying the appellant's argument to its logica

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Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
McCoy v. People green
colo · 2019
2 sentences

2026For Purposes of the Involuntary Intoxication Defense in Section 18-1-804, the Term "Substance" Logically Refers to the Intoxicant that Caused a Person to Be Incapable of Conforming Their Conduct to the Law ¶37 When interpreting a statute, we begin with its plain language and read the statute "as a whole" to give "consistent, harmonious, and sensible effect to all of its parts," i.e., we "read statutory words and phrases in context." McCoy v. People , 2019 CO 44 , ¶¶ 37-38 , 442 P.3d 379 , 389 . 22 ¶38 The crux of the involuntary intoxication defense appears in section 18-1-804(3), which provid

2026For Purposes of the Involuntary Intoxication Defense in Section 18-1-804, the Term "Substance" Logically Refers to the Intoxicant that Caused a Person to Be Incapable of Conforming Their Conduct to the Law ¶37 When interpreting a statute, we begin with its plain language and read the statute "as a whole" to give "consistent, harmonious, and sensible effect to all of its parts," i.e., we "read statutory words and phrases in context." McCoy v. People , 2019 CO 44 , ¶¶ 37-38 , 442 P.3d 379 , 389 . 22 ¶38 The crux of the involuntary intoxication defense appears in section 18-1-804(3), which provid

12026–2026

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 18-1-804 (3)

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.

Where else courts name it

IL 13 (1987–2026) FL 12 (1997–2017) TX 10 (1994–2015) PA 9 (1990–2026) WI 9 (1976–2026) MO 7 (1987–2024) CA 7 (1990–2025) IN 7 (2000–2014) CO 5 (2002–2026) NJ 5 (1990–2013) AZ 4 (2002–2025) MN 3 (2010–2024) KS 3 (2020–2024) OH 3 (2022–2026) WA 3 (2014–2018) NY 2 (2006–2019) AK 2 (2010–2021) NC 2 (2021–2021) HI 2 (2012–2012)

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.

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