State v. Wilcox

70 Ohio St. 182, 436 N.E.2d 523 (1982)

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Nature of the Case

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Facts

Wilcox (D) participated in a burglary in which the victim was shot and killed. D was charged with aggravated felony murder and aggravated burglary. Both of these offenses require a specific intent. A court-appointed psychiatrist found that D was borderline retarded, schizophrenic, dyslexic and had brain damage. At trial, D wanted to enter evidence that he was borderline retarded, schizophrenic, dyslexic, and suffering from organic brain syndrome. D plead insanity and diminished capacity. Some evidence was allowed to support an insanity defense, but the trial judge excluded other testimony and refused to instruct the jury that D's mental condition could negate the specific intent required for the aggravated burglary and murder. D was convicted of both counts and sentenced to life in prison. The court of appeals reversed, and the prosecution appealed.