APPLETON, WI (WTAQ) - Scott Schmidt's appeal of his murder conviction has been rejected by a state appeals court.

Schmidt, a former Appleton firefighter, was sentenced to life in prison for the April 2009 murder of his estranged wife Kelly Wing-Schmidt.

On Wednesday, the appeals court issued a ruling which stated in part:

"Scott Schmidt appeals a judgment of conviction for first-degree intentional homicide and an order denying postconviction relief. Schmidt argues he was denied his right to present a defense when the trial court ruled before trial that Schmidt could not present any evidence in support of an adequate provocation mitigation defense. Alternatively, Schmidt argues the court deprived him of his right to counsel during an in camera hearing where Schmidt testified in support of his mitigation defense. We conclude Schmidt's proffered evidence was inadequate to raise a provocation issue, as a matter of law. We also reject Schmidt's right-to-counsel argument. We therefore affirm. ... 

Thus, the immediate provocation-Wing-Schmidt's arguing with or taunting Schmidt prior to the shooting-cannot constitute objective adequate provocation. Schmidt himself was the initial provocateur. A reasonable person in Schmidt's situation would have expected that confronting Wing-Schmidt about her paramour would result in the very conduct which she undertook. If Schmidt acted in the heat of passion, it was because he deliberately chose to ignite the fire. Schmidt cannot incite a contentious argument and then legitimately argue that Wing-Schmidt's reciprocal provocation should mitigate his culpability. ... 

We next consider, and easily reject, Schmidt's argument that he was deprived of his right to counsel at the in camera hearing. Schmidt complains that his attorney, although present during the in camera testimony, was not permitted to participate and ask Schmidt questions. ... In any event, we observe that, in the middle of the hearing, the court recessed to allow Schmidt to review his attorney's written offer of proof and speak with his attorney. Counsel was present for the entire in camera hearing. Thus, if counsel felt Schmidt or the court was overlooking something, or had any other concerns, there was an opportunity to so advise Schmidt. Likewise, Schmidt had the opportunity to present any concerns or questions he had to his attorney," the court wrote.