[DOWNLOAD] "State V. Atsbeha" by Washington Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: State V. Atsbeha
- Author : Washington Court of Appeals
- Release Date : January 19, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
After the State charged him with unlawful delivery of a controlled substance and, in the alternative, possession of a controlled substance with intent to deliver, Negash Atsbeha sought to call an expert witness who would testify that his organic brain damage, major depression, and gambling, alcohol, and cocaine problems impaired his ability to form the requisite criminal intent. The trial Judge concluded that the expert's testimony was not relevant to Atsbeha's diminished capacity defense and excluded it. The jury convicted Atsbeha of possession with intent to deliver. We reverse and remand for a new trial because the expert's proffered testimony was material and relevant to Atsbeha's diminished capacity defense.