State v. Salter

Ricky B. Salter appeals from a judgment of conviction of first-degree murder, contrary to sec. 940.01, Stats., and from an order denying his motions for post-conviction relief. The issues concern the exclusion of the testimony of Dr. Frederick Fosdal, a psychiatrist, and the failure of the trial court to take a personal waiver from Salter when his counsel declined an instruction of a lesser included offense of manslaughter. We conclude that the exclusion of Dr. Fosdal’s testimony was proper and that the record does not support the trial court’s offer of a lesser included offense of…