State v. Scott E. Schmidt, 2012 WI App 113 (recommended for publication); case activity Adequate Provocation Defense, §§ 939.44(1), 940.01(2)(a) – Test for Admissibility The “some evidence,” rather than Schmidt’s proposed less stringent “mere relevance,” standard controls admissibility of evidence of adequate provocation that would reduce first- to second-degree intentional homicide: ¶9 When applying the some evidence… Read more
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by the Wisconsin State Public Defender
Important Posts!
- D3 affirms denial of plea withdrawal claim under Cross’ “higher, but not substantially higher” rule
- Defense Win! Defendant seized without reasonable suspicion during police encounter in parking lot
- SCOTUS will again grapple with expert testimony and Confrontation
- Defense Win! COA rejects state’s overly expansive bail jumping prosecution
- Defense Win! COA rejects “case manager exception” to hearsay rules and reverses recommitment
Ahead in SCOW
February 21
Petitions Conference here
Oral Arguments
Mar. 19
9:45 State v. B.W., 2023AP441
Mar. 20
9:45 Winnebago County v. D.E.W., 2023AP215
Waukesha County v. M.A.C., 2023AP533
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