Legal Opinion

State v. Martinson

Court of Appeals of Wisconsin

Decided February 20, 2019No. Appeal No. 2017AP1889-CRPublished

1Opinion of the CourtHruz, J.

¶1 Ashlee Martinson appeals a judgment of conviction for two counts of second-degree intentional homicide, as well as an order denying her postconviction motion for resentencing. Martinson and the State entered into a plea agreement whereby the State agreed to amend charges of first-degree intentional homicide to those of second-degree intentional homicide based upon the mitigating circumstance of adequate provocation. Among other things, the adequate provocation defense is premised upon a "complete lack of self-control" on the defendant's part. See WIS. STAT. § 939.44(1)(a) (2015-16).1 Given…

2Cases cited13 opinions

  1. Wasman v. United StatesSupreme Court of the United States · 1984
  2. State v. PettitCourt of Appeals of Wisconsin · 1992
  3. State v. GallionWisconsin Supreme Court · 2004
  4. State v. SmithWisconsin Supreme Court · 1997
  5. State v. LeitnerWisconsin Supreme Court · 2002

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