Scott Schmidt v. Brian Foster
Court of Appeals for the Seventh Circuit
1Opinion of the Court
St. Eve, Circuit Judge.
Scott Schmidt shot and killed his estranged wife. He confessed at the scene, but come trial he sought to mitigate his crime with the second-degree defense of adequate provocation. The Wisconsin trial court, in deciding whether the defense should go to the jury, asked for an offer of proof and an evidentiary hearing. Schmidt complied with the first request but balked at the second, not wanting to show any more of his defense hand. That concern was well taken, and the trial court ordered an ex parte , in camera examination of Schmidt instead. The trial court added,…
2Cases cited92 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Anders v. CaliforniaSupreme Court of the United States · 1967
- Williams v. TaylorSupreme Court of the United States · 2000
- Harrington v. RichterSupreme Court of the United States · 2011
- Coleman v. ThompsonSupreme Court of the United States · 1991
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3Cited by92 opinions
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