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!
- COA reverses order excluding other acts evidence, holds that greater latitude rule weakens holding of Alsteen
- In HUGE defense win, COA emphasizes that obtaining an involuntary med order is no walk in the park for the State
- SCOTUS tempers pro-gun 2nd Amendment precedent; holds States may disarm a citizen who poses “a clear threat of physical violence to another”
- COA holds, in unpublished but citable decision, that the preponderance of the evidence standard applies at a TPR dispositional hearing
- D3 affirms denial of plea withdrawal claim under Cross’ “higher, but not substantially higher” rule
Ahead in SCOW
October 7
Petitions Conference
November 11
Oral argument in Kaul v. Urmanski
November 12
Petitions conference
December 10
Petitions conference
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