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Adequate Provocation Defense, §§ 939.44(1), 940.01(2)(a): Test for Admissibility; Counsel: No Right to Participate, in camera Hearing
State v. Scott E. Schmidt, 2012 WI App 113 (recommended for publication); case activity
Adequate Provocation Defense, §§ 939.44(1), 940.01(2)(a) – Test for Admissibility
The “some evidence,” rather than Schmidt’s proposed less stringent “mere relevance,” standard controls admissibility of evidence of adequate provocation that would reduce first- to second-degree intentional homicide:
¶9 When applying the some evidence standard, “the circuit court must determine whether a reasonable construction of the evidence will support the defendant’s theory viewed in the most favorable light it will reasonably admit of from the standpoint of the accused.” [State v.