APPLETON, Wis. (AP) — A man convicted of killing his estranged wife in Grand Chute is mounting an appeal.
The Appleton Post-Crescent reports Friday that attorneys for Scott Schmidt are asking an appeals court to reverse an Outagamie County judge’s prior decision denying a new trial.
The 41-year-old Schmidt was convicted of shooting his wife, Kelly Wing Schmidt, three times in the head in 2009. She died hours later.
Schmidt argues he was wrongfully barred from using a “heat of passion” defense, which would require that a victim provoke an ordinary person to lose control. His attorney, Donna Hintze, said Judge John Des Jardins was wrong in rejecting that argument and the homicide conviction should be reversed.
Schmidt is serving a life prison sentence.
Information from: The Post-Crescent, http://www.postcrescent.com