State v. Koballa, 2014 Ohio 3592

Koballa was highly intoxicated after a night of drinking and his girlfriend called 911.
EMS and CFD arrived; Koballa sat on a stair chair while being prepared for transport to the hospital.
Koballa punched firefighter Duhigg and then swung at others; a spit sock was obtained to protect personnel.
He was restrained in the chair and transported to the ambulance; doctors noted alcohol intoxication and possible other injuries.
Koballa was convicted of assault, a fourth-degree felony, because the victim was a firefighter; the conviction was affirmed on appeal.
Koballa raised two assignments of error: sufficiency of the evidence and manifest weight of the evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether voluntary intoxication negates the mens rea for assault	Koballa argues intoxication could negate knowing intent required for assault.	Koballa contends intoxication may preclude a voluntary act or the necessary culpable mind.	Intoxication does not negate the mens rea; amended RC 2901.21(C) applies for mental state elements.
Whether Koballa's act was involuntary (unconscious) precluding conviction	Koballa asserts his blackout/unconscious state made the act involuntary.	Defense argues the act was involuntary due to alcohol-induced unconsciousness.	The jury could credit witnesses and resolve credibility; not clearly a manifest miscarriage of justice.

State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (standard for sufficiency review)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (whether evidence proves guilt beyond reasonable doubt)
State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (credibility of witnesses; weight of evidence rests with finder of fact)
State v. Awan, 22 Ohio St.3d 120 (Ohio 1986) (credibility and permissible inferences in appellate review)
State v. Fredericy, 8th Dist. Cuyahoga No. 95677 (2011-Ohio-3834) (voluntary intoxication not defense where mental state element exists)