STATE v. JOSEPH

No. 31313.

590 S.E.2d 718 (2003)

214 W.Va. 525

STATE of West Virginia, Plaintiff Below, Appellee, v. Robert Bradley JOSEPH, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 10, 2003.


Attorney(s) appearing for the Case

E. Dixon Ericson, John R. Mitchell, Sr., John R. Mitchell, L.C., Charleston, for the Appellant.

Darrell V. McGraw, Jr., Attorney General, John Blevins, Assistant Attorney General, Charleston, for the Appellee.


DAVIS, Justice:

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...

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