Casey v. State (2005)

In Casey v. State, 160 S.W.3d 218 (Tex. App.--Austin 2005), rev'd on other grounds, 215 S.W.3d 870 (Tex. Crim. App. 2007), the court held that the evidence was factually sufficient to show that the appellant had sexual intercourse with the complainant without her consent when the complainant passed out due to voluntary intoxication from consuming alcohol and "drifted in and out of consciousness" while appellant had sex with her and took pictures of her naked body. The complainant in Casey regained full consciousness only at 4:30 a.m., finding herself naked on the floor of the appellant's bedroom, at which point the appellant told her that she had thrown up on herself and that he had washed her clothes. Id. at 222.