State v. Williford

1981

Court: Wis Court of Appeals, 2nd District

Facts: Acrimonious marriage, sort of like a blues song, husband shoots wife.

Posture: Convicted at trial, appealed on a variation of the battered spouse theory. His initial appeal was a success. The state appeals: it is still the same jeopardy (unless the evidence is found badly insufficient) as the first trial.

Issue: Whether the defendant acted in the heat of a passion sufficient to be considered manslaughter

Holding: No, no. That's not going to work. Conviction reinstated.

Rule: The evidence doesn't justify a manslaughter instruction.

Reasoning: This wasn't even an unusual degree of provocation for those two.

Dicta: