Wisconsin appeals court tosses homicide conviction

MADISON (AP) — A state appeals court has ordered a new trial for a Milwaukee man accused of shooting his parents.

Prosecutors charged Corey Kucharski with two counts of first-degree intentional homicide in the 2010 deaths of Ralph and Pamela Kucharski. He was ultimately sentenced to life in prison.

Kucharski argued on appeal he was suffering from schizophrenia and Milwaukee County Circuit Judge Jean DiMotto wrongly ruled he was mentally responsible for his actions.

The 1st District Court of Appeals ruled 2-1 on Tuesday that Kucharski clearly was in a psychotic state when he killed his parents and there was no other explanation for his behavior.

The state Justice Department fought the appeal on behalf of local prosecutors. A spokeswoman says the agency may ask the state Supreme Court to take the case.