Commonwealth v. McCullum

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that “when asserting a diminished capacity defense to first degree murder, a defendant attempts to negate the element of specific intent to kill and, if successful, first degree murder is reduced to third degree murder.”
• “When asserting a diminished capacity defense to first[-]degree murder, a defendant attempts to negate the element of specific intent to kill and, if successful, first[-]degree murder is reduced to third degree murder.”
• expert witness made no mention of appellant’s cognitive functions of deliberation and premeditation at the time of the murder or his ability-or inability-to formulate the specific intent to kill; testimony would not have been admissible at trial to support diminished capacity defense

Source: CourtListener parenthetical corpus (CC0).