By: Associated Press//July 28, 2011//
APPLETON, Wis. (AP) — A man convicted of killing his estranged wife in Outagamie County will not receive a new trial.
Scott Schmidt was convicted of shooting his wife, Kelly Wing Schmidt, three times in the head with a handgun outside the home they once shared in Grand Chute in 2009.
The Post-Crescent of Appleton reports the 40-year-old argued that he was wrongfully prohibited from presenting an adequate provocation, or “heat of passion” defense.
He also said he was denied his right to counsel during a key hearing before the trial.
Outagamie County Judge John Des Jardins issued a 15-page written decision following Wednesday arguments on Schmidt’s appeals motion.
Schmidt is serving a life prison sentence. He will be eligible to apply for release onto extended supervision on Jan. 1, 2050.
Information from: The Post-Crescent, http://www.postcrescent.com