| 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: | |