Schmidt v. Foster, No. 17-1727 (7th Cir. 2018)
Annotate this CaseSchmidt admitted to murdering his wife but tried to rely on the Wisconsin-law defense of “adequate provocation” to mitigate the crime from first- to second-degree homicide. A state trial judge held a pretrial hearing on that substantive issue, allowing Schmidt’s counsel to attend but not allowing him to speak or participate. The judge questioned Schmidt directly and ruled that Schmidt could not present the adequate provocation defense at trial. A jury convicted Schmidt of first-degree intentional homicide, and he was sentenced to life in prison. The Wisconsin Court of Appeals held that the trial court did not violate Schmidt’s Sixth Amendment right to counsel. The Seventh Circuit granted habeas corpus relief under 28 U.S.C. 2254(d)(1). The state court decision was an unreasonable application of clearly established Supreme Court precedent guaranteeing counsel at all critical stages of criminal proceedings, including whenever “potential substantial prejudice to defendant’s rights inheres in the particular confrontation.”
The court issued a subsequent related opinion or order on July 25, 2018.
The court issued a subsequent related opinion or order on December 20, 2018.
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