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STEELE v. STATE

No. 77-061-CR.

97 Wis.2d 72 (1980)

294 N.W.2d 2

Richard A. STEELE, Plaintiff in error, v. STATE of Wisconsin, Defendant in error.

Supreme Court of Wisconsin.

Decided June 27, 1980.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was argued by Ruth S. Downs, deputy state public defender, with whom on the briefs was Howard B. Eisenberg, state public defender. Additional briefs were filed by Richard L. Cates, state public defender, and Ruth S. Downs, assistant state public defender.

For the defendant in error the cause was argued by Pamela Magee-Heilprin, assistant attorney general, with whom on the brief and additional brief was Bronson C. La Follette, attorney general.

Amicus curiae brief was filed on behalf of the Legal Assistance to Institutionalized Persons Program by Frank J. Remington, of Madison.

Amicus curiae brief was filed on behalf of the National Association of Criminal Defense Lawyers by James R. Glover, James M. Shellow and Shellow & Shellow of Milwaukee.

HEFFERNAN, J.

Richard A. Steele was charged and found guilty of the first degree murder of his wife, Joan. After a bifurcated trial in response to appropriate pleas, a jury found him guilty and found that he did not have a mental disease or defect which would exonerate him of criminal responsibility. Judgment of conviction was entered on July 22, 1974.

Appeal was brought on the grounds that the trial court erred when it excluded, at the guilt phase of the...

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