SUPREME
COURT OF WISCONSIN
Case
No.: 95-1067 |
Complete
Title of
Case: |
State of Wisconsin, Petitioner-Appellant, v. John J. Watson, Respondent-Respondent, |
CERTIFICATION FROM THE
COURT OF APPEALS |
Opinion
Filed: May 2, 1997 Submitted
on Briefs: Oral
Argument: April 10, 1997 |
Source
of APPEAL COURT: Circuit COUNTY: Dane JUDGE: Angela B. Bartell |
JUSTICES: Concurred: Dissented: Not Participating: Steinmetz, J., did not participate. |
ATTORNEYS: For the petitioner-appellant the cause was argued by Mary
E. Burke, assistant attorney general, with whom on the briefs was Sally
L. Wellman, assistant attorney general and James E. Doyle,
attorney general. For the
respondent-respondent there was a brief and oral argument by Richard D.
Martin, state public defender. |
|
NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. |
STATE OF WISCONSIN : |
IN SUPREME COURT |
State of Wisconsin, Petitioner-Appellant, v. John J. Watson, Respondent-Respondent. |
FILED MAY
2, 1997 Marilyn
L. Graves Clerk
of Supreme Court Madison,
WI |
APPEAL from an order of the Circuit Court
for Dane County, Angela B. Bartell, Judge.
Order granting certification vacated and cause remanded to the Court
of Appeals.
¶1 PER CURIAM. The court is equally divided whether to affirm or reverse the order of the circuit court. Chief Justice Shirley S. Abrahamson, Justice William A. Bablitch and Justice Ann Walsh Bradley would affirm. Justice Jon P. Wilcox, Justice Janine P. Geske and Justice N. Patrick Crooks would reverse. Justice Donald W. Steinmetz did not participate.
¶2 When a certification or bypass results in a tie vote by this court, the better course of action is to vacate our decision to accept certification or bypass and remand the cause to the court of appeals. State v. Richard Knutson, Inc., 191 Wis. 2d 395, 396-97, 528 N.W.2d 430 (1995) (remanding to court of appeals on a tie vote on certification); State v. Elam, 195 Wis. 2d 683, 684-85, 538 N.W.2d 249 (1995) (restating rule; declining to remand to court of appeals on a tie vote on bypass because court of appeals had previously decided issue).
¶3 Accordingly, we vacate our order granting certification and remand to the court of appeals.