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SCHIMMEL v. STATE

No. 76-320-CR.

84 Wis.2d 287 (1978)

267 N.W.2d 271

SCHIMMEL, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided June 30, 1978.

Attorney(s) appearing for the Case

For the plaintiff in error there were briefs and oral argument by Howard B. Eisenberg, state public defender.

For the defendant in error the cause was argued by David J. Becker, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

HANLEY, J.

Two issues are raised on review:

1. Whether the defendant's statements were inadmissible at trial because they were obtained in violation of his constitutional rights; and

2. Whether psychiatric testimony is admissible in the guilt phase of a bifurcated trial for first degree murder?

Admissibility of Defendant's Statements

This issue concerns the defendant's statements to Dennis Sutton, the employee of the Division...

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