State of West Virginia v. Randall James Starkey

Summary

The court affirmed Starkey’s attempted second-degree-murder conviction, holding that the evidence supported a finding of specific intent and malice, the deadly-weapon instruction did not unconstitutionally shift the burden of proof, and the self-defense instruction adequately stated the law. The court also held that the challenge to the trial judge’s remarks was not preserved because defense counsel made no objection. There were no separate opinions.