What is the test for a diminished capacity defense?

A similar result was reached in State v. DeGraw (1996) 196 W.Va. 261 [470 S.E.2d 215] (DeGraw), where the defendant was charged with murder for fatally stabbing his friend. The defendant made incriminating postarrest statements to the police about his activities on the night of the murder. The court excluded these statements because of a Miranda violation. At trial, the defendant relied on a diminished capacity defense and claimed he had blacked out at the time of the murder. A defense psychiatrist testified that

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