-Victim said "lighten up", snapped D with towel, and hit the D in the nose, which caused him to enrage.
-D moved toward the victim, removed gloves, removed knife and stabbed victim in the neck.
-D had claimed psychiatric problems which included panic attacks, chronic depression, and obsession with his nose.
-D claimed that a panic attack immediately proceeded the stabbing.
-The court found that premeditation and deliberation should be defined differently and remanded for a new trial.
-Premeditate: To think of a matter before it is executed. I.e., to deliberate and form in one's mind the plan of destruction.
Deliberate: To measure and evaluate the major facets of a choice or problem.
It takes time to deliberate. It is impossible to deliberate unless premeditating.
Class: Criminal Law
Topics: Premeditate, Deliberate, First Degree Murder