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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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