State v. Hansing

5 Citing cases

  1. State v. Jordan

    2023 Ohio 3800 (Ohio 2023)

    The victim's intoxication, alone, is not necessarily "substantial impairment." State v. Hansing, 2019-Ohio-739, 132 N.E.3d 252, ¶ 14 (9th Dist.) ("we cannot say that every instance of intoxication equates with substantial impairment").

  2. State v. Jordan

    174 Ohio St. 3d 347 (Ohio Ct. App. 2023)   Cited 2 times

    The victim’s intoxication, alone, is not necessarily "substantial impairment." State v. Hansing, 2019-Ohio-739, 132 N.E.3d 252, ¶ 14 (9th Dist.) ("we cannot say that every instance of intoxication equates with substantial impairment"). And even if it is proved that the person’s level of intoxication amounted to substantial impairment, that does not end the relevant inquiry, because the state must also produce legally sufficient evidence that the offender knew of the substantial impairment, not just that the victim was intoxicated.

  3. State v. Peacock

    2022 Ohio 4021 (Ohio Ct. App. 2022)

    Of course, not every instance of alcohol consumption or intoxication will rise to the level of substantial impairment. State v. Harris, 9th Dist. Summit No. 29583, 2020-Ohio-4365, ¶ 7, citing State v. Hansing, 2019-Ohio-739, 132 N.E.3d 252, ¶ 13 (9th Dist.).

  4. State v. Palmer-Tesema

    2020 Ohio 4291 (Ohio Ct. App. 2020)   Cited 1 times

    The victim's own testimony may be sufficient to establish substantial impairment. Id. at ¶ 45, citing State v. Hansing, 2019-Ohio-739, 132 N.E.3d 252, ¶ 13 (9th Dist.), citing State v. Dasen, 9th Dist. Summit No. 28172, 2017-Ohio-5556, ¶ 19.

  5. State v. Foster

    2020 Ohio 1379 (Ohio Ct. App. 2020)   Cited 10 times

    " Doss , 8th Dist. Cuyahoga No. 88443, 2008-Ohio-449, at ¶ 18. See alsoState v. Hansing , 2019-Ohio-739, 132 N.E.3d 252, ¶ 14 (9th Dist.) (not every instance of intoxication equates with substantial impairment) and State v. Jenkins , 2d Dist. Greene No. 2015-CA-6, 2015-Ohio-5167, 2015 WL 8552081, ¶ 27. {¶45} Moreover, "substantial impairment does not have to be proven by expert medical testimony; rather, it can be shown to exist by the testimony of people who have interacted with the victim."