Legal Opinion

State v. Jackson

West Virginia Supreme Court

Decided December 15, 1982No. 15419PublishedCited by 35 opinions

1Opinion of the Court

HARSHBAUGER, Justice:

Benjamin Franklin Jackson was convicted in Kanawha County for the first-degree murder of Stephen Michael Weems, despite his insanity defense; but the jury recommended mercy. He claims these errors: admission of his tape-recorded confession, the medical examiner’s testimony, the state psychiatrist’s testimony on rebuttal, and the trial judge’s failure to present “not guilty by reason of insanity” as a possible verdict and to instruct about what happens to a defendant adjudged criminally insane.

Jackson and Weems had been friends for years. On the morning of the shooting in…

2Cases cited48 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. United States v. WadeSupreme Court of the United States · 1967
  4. Estelle v. SmithSupreme Court of the United States · 1981
  5. Moore v. IllinoisSupreme Court of the United States · 1977

43 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Marano v. HollandWest Virginia Supreme Court · 1988
  2. State v. McWilliamsWest Virginia Supreme Court · 1986
  3. State v. MartinTennessee Supreme Court · 1997
  4. State v. KennedyWest Virginia Supreme Court · 2012
  5. State v. SimmonsWest Virginia Supreme Court · 1983

30 more not listed; retrieve them via the Exa API.

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