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STATE v. WALKUP

No. SC 87837.

220 S.W.3d 748 (2007)

STATE of Missouri, Respondent, v. Justin J. WALKUP, Appellant.

Supreme Court of Missouri, En Banc.

May 1, 2007.

Attorney(s) appearing for the Case

Jeannie M. Willibey, Office of Public Defender, Kansas City, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Evan J. Buchheim, Asst. Atty. Gen., Jefferson City, for Respondent.

MICHAEL A. WOLFF, Chief Justice.

Introduction

Justin J. Walkup was convicted after a jury trial of first degree murder and armed criminal action for stabbing his girlfriend to death. The trial court excluded the defense's attempt to present expert witness testimony that Walkup had mental disorders that would have made it less likely that he would have deliberated before killing his girlfriend. The element of deliberation — defined by statute...

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