State v. Warden

Virginia Warden, on trial for a brutal homicide, presented evidence of diminished capacity. Because the trial court refused to instruct on first and second degree manslaughter, and these instructions were supported by the evidence, we reverse her conviction for second degree murder.

I

Virginia Warden once worked as a housekeeper for 81-year-old Clarazetta Standen. The employment ended when Warden stole Standen’s checkbook and cashed a $2,000 check on Standen’s account. This incident resulted in Warden’s conviction for forgery in July 1992. Warden, a woman of 41 years, had no prior criminal…