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SCHMIDT v. FOSTER

No. 17-1727.

891 F.3d 302 (2018)

Scott SCHMIDT, Petitioner-Appellant, v. Brian FOSTER, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 29, 2018.

Attorney(s) appearing for the Case

Craig W. Albee , Attorney, FEDERAL DEFENDER SERVICES OF EASTERN WISCONSIN, INCORPORATED, Milwaukee, WI, Shelley M. Fite , Attorney, FEDERAL DEFENDER SERVICES OF WISCONSIN, INC., Madison, WI, for Petitioner-Appellant.

Sarah Burgundy , Attorney, OFFICE OF THE ATTORNEY GENERAL, Madison, WI, for Respondent-Appellee.

Before Wood, Chief Judge, and Hamilton and Barrett, Circuit Judges.

Petitioner Scott Schmidt murdered his wife, Kelly Wing-Schmidt. He admitted the murder but tried to rely on the state-law defense of "adequate provocation" to mitigate the crime from first- to second-degree homicide. A state trial judge denied Schmidt the assistance of his counsel while the judge questioned Schmidt in a...

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