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17-1727 - Scott Schmidt v. Brian Foster

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17-1727 - Scott Schmidt v. Brian Foster
May 29, 2018
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Filed opinion of the court by Judge Hamilton. The district court’s judgment is REVERSED and the case is REMANDED with instructions to grant the writ of habeas corpus ordering that Schmidt be released or retried promptly, or perhaps, as the State suggested in the district court, that the state court modify Schmidt’s judgment of conviction to second-degree intentional homicide and re-sentence him accordingly. Diane P. Wood, Chief Judge; David F. Hamilton, Circuit Judge and Amy C. Barrett, Circuit Judge, dissenting. [6927886-1] [6927886] [17-1727]--[Edited 07/25/2018 by CD to reflect VACATED per the court's order dated 7/25/2018.]