[DOWNLOAD] "State v. Joseph" by In the Supreme Court of Appeals of West Virginia September 2003 Term * eBook PDF Kindle ePub Free

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eBook details

• Title: State v. Joseph
• Author : In the Supreme Court of Appeals of West Virginia September 2003 Term
• Release Date : January 10, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Mr. Robert Joseph, defendant below and appellant herein, appeals from a conviction of first degree murder with mercy. He contends that the circuit court erred in excluding expert testimony offered by the defense to show that he suffered from a diminished capacity that prevented him from forming the requisite mental state for the commission of first or second degree murder. We first conclude that the diminished capacity defense is available in West Virginia to permit a defendant to introduce expert testimony regarding a mental disease or defect that rendered the defendant incapable, at the time the crime was committed, of forming a mental state that is an element of the crime charged. In addition, we find that the evidence offered by Mr. Joseph was sufficient to allow his diminished capacity theory to go to the jury. Accordingly, his conviction is reversed and this case is remanded for a new trial.

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