State v. Jackson
West Virginia Supreme Court
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
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Johnson v. ZerbstSupreme Court of the United States · 1938
- United States v. WadeSupreme Court of the United States · 1967
- Estelle v. SmithSupreme Court of the United States · 1981
- Moore v. IllinoisSupreme Court of the United States · 1977
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3Cited by35 opinions
- Marano v. HollandWest Virginia Supreme Court · 1988
- State v. McWilliamsWest Virginia Supreme Court · 1986
- State v. MartinTennessee Supreme Court · 1997
- State v. KennedyWest Virginia Supreme Court · 2012
- State v. SimmonsWest Virginia Supreme Court · 1983
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