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SCHMIDT v. FOSTER

No. 17-1727.

911 F.3d 469 (2018)

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

United States Court of Appeals, Seventh Circuit.

Decided December 20, 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, Wisconsin Department of Justice, Misha Tseytlin , Ryan J. Walsh , Attorneys, Office of the Solicitor General, Wisconsin Department of Justice, Madison, WI, for Respondent-Appellee.

Before Wood, Chief Judge, and Flaum, Easterbrook, Kanne, Rovner, Sykes, Hamilton, Barrett, Scudder, and St. Eve, Circuit Judges.

Scott Schmidt shot and killed his estranged wife. He confessed at the scene, but come trial he sought to mitigate his crime with the second-degree defense of adequate provocation. The Wisconsin trial court, in deciding whether the defense should go to the jury, asked for an offer of proof and an evidentiary hearing. Schmidt...

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