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Supreme Court of Appeals of West Virginia - 461 S.E.2d 163
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The court reviewed a first-degree murder conviction appeal and found that premeditation and deliberation are necessary to prove first-degree murder. The court approved an instruction defining premeditation and allowed the prosecutor to inform the jury of applicable penalties. However, the right to fix punishment rests exclusively within the discretion of the trial court. The court reversed a conviction due to highly prejudicial questions during cross-examination about the defendant's alleged statements regarding gender, race, and the Ku Klux Klan. Evidence must be relevant to be probative, and if race, gender, or religion is relevant to the case, the evidence may be admitted unless its probative value is substantially outweighed by the danger of unfair prejudice. The prosecution cannot use evidence of the defendant's religious beliefs to challenge the portrayal of the defendant's character as a good, quiet, Bible-reading man because it is not a pertinent character trait. Rule 403 requires the trial court to balance the probative value of the evidence against the potential harm it may cause.
The case concerns the definition of first-degree murder, which requires intentional, deliberate, and premeditated killing with a period of time for prior consideration. The duration of this period is not fixed and may vary based on the individual and circumstances. The majority's suggestion of requiring "appreciable time" between the intent to kill and the killing may create confusion and ambiguity. Justice Workman concurs with the majority's decision but emphasizes that the time period required for premeditation cannot be arbitrarily fixed. The author suggests that the majority's interpretation should be clarified to avoid ambiguity.
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