"At trial, Rhonda Stewart said that the killing of Sammy Stewart was an accident," Justice Brent Benjamin wrote in his dissent.
"Not self-defense. Not fear of imminent threat. Not diminished capacity. Not insanity. At trial, the killing wasn't her fault; it was an accident. The jury didn't buy it. On appeal the defense changed: it was not Rhonda Stewart that killed Sammy Stewart - it was something else."
Justice Robin Jean Davis also dissented.
"Absent a statute to the contrary, no court in the country has allowed a defendant to introduce evidence of the battered woman's syndrome when she alleges only that the crime was an accident," she wrote.
In February, Stewart pleaded guilty to second-degree murder. On Tuesday, Kaufman sentenced her again - adjusted for time served, to home confinement for 10 years.
When may women use the battered woman defense in murder cases?
When may they not use it?
It will be a long time before the public is clear in its own mind on what is right.