Davis v. State

581 S.W.3d 885 (2019)

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Davis v. State

Texas Court of Appeals
581 S.W.3d 885 (2019)

  • Written by Alexander Hager-DeMyer, JD

Facts

KR drove with a friend to the house where Christopher Davis (defendant) lived with his roommate and his roommate’s girlfriend. The group wanted to hang out and get high, so Davis, his roommate, KR, and her friend smoked methamphetamine. Everyone except Davis also consumed gamma-hydroxybutyric acid (GHB), a well-known date-rape drug. As the GHB’s effects began to wear off, Davis prepared and offered wine coolers to KR and her friend. KR soon was unable to walk, and she blacked out. KR later awoke in her car, with her friend unconscious in the back seat. KR had flashes of memory that involved both Davis and his roommate having sex with her. Davis was charged with sexual assault, and a jury found him guilty. At trial, toxicology reports showed that KR’s blood had high levels of GHB long after KR took the drug at Davis’s house. A sustained high level of GHB indicated that KR had been given a large dose. Expert witnesses confirmed that on large doses of GHB, KR could not have consented to sex. Davis’s roommate testified that he saw Davis prepare the wine coolers and put a straw in KR’s drink. Although he did not see Davis add GHB to the drink, the roommate stated that he knew what Davis was doing because GHB would sink to the bottom of the drink and be consumed more quickly through a straw. Davis’s roommate further testified that he saw KR passed out on the floor and helped Davis carry her out to her car. Davis appealed his case to the Texas appellate court, claiming that the evidence was insufficient to support the jury’s verdict.

Rule of Law

Issue

Holding and Reasoning (Schenck, J.)

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