State v. Walkup

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 as “cool reflection for any length of time no matter how brief’ 1 — is what distinguishes first and second degree murder. 2 If the defense had successfully…