People v. Davis

1 Citing case

  1. State v. Tussing

    2024 Ohio 5757 (Ohio Ct. App. 2024)

    On the other hand, an involuntary intoxication defense does not apply if the defendant voluntarily used illegal drugs that, unbeknownst to the defendant, turned out to actually be a different illegal drug. E.g., People v. Gallego, 52 Cal.3d 115, 183-184 (1990) (defendant could not have been involuntarily intoxicated where he "voluntarily consumed alcohol and drugs [prior to the crime], but he asserts PCP was secretly given to him while he was taking other illegal drugs"); United States v. Bindley, 157 F.3d 1235, 1242 (10th Cir. 1998) ("a key component" in the defense of involuntary intoxication "is lack of culpability on the part of the defendant in causing the intoxication," so it was "not surprising" neither the defendant nor the court found caselaw "in which the defense has been recognized where a defendant has knowingly ingested an illegal substance"); People v. Davis, 2017 IL App (1st) 150134-U, ΒΆ 32 (collecting cases).