Punches v. Schmidt, No. 645

CourtUnited States State Supreme Court of Wisconsin
Writing for the CourtPER CURIAM; The members of the court being equally divided on the question of whether the judgment and order should be affirmed or reversed; Justice Hanley, and Mr. Justice Robert W. Hansen being of the opinion that the judgment should be reversed, a
Citation243 N.W.2d 518,73 Wis.2d 206
Decision Date30 June 1976
Docket NumberNo. 645
PartiesJerry James PUNCHES, Respondent, v. Wilbur SCHMIDT, director of the Wisconsin State Department of Social Services, and Sanger B. Powers, administrator of the Division of Corrections of the Wisconsin Department of Social Services, Appellants. (1974).

Page 518

243 N.W.2d 518
73 Wis.2d 206
Jerry James PUNCHES, Respondent,
v.
Wilbur SCHMIDT, director of the Wisconsin State Department
of Social Services, and Sanger B. Powers, administrator of
the Division of Corrections of the Wisconsin Department of
Social Services, Appellants.
No. 645 (1974).
Supreme Court of Wisconsin.
Argued Feb. 2, 1976.
Decided June 30, 1976.

Appeal from a judgment and order of the county court of St. Croix County; Joseph W. Hughes, County Judge.

Bronson C. La Follette, Atty. Gen., Charles R. Larsen and James H. McDermott, Asst. Attys. Gen., and oral argument by Marguerite Moeller, Asst. Atty. Gen., for appellants.

Doar, Drill, Norman & Bakke, New Richmond, and oral argument by Thomas D. Bell, New Richmond, for respondent.

PER CURIAM.

The members of the court being equally divided on the question of whether the judgment and order should be affirmed or reversed, Mr. Chief Justice Beilfuss, Mr.

Page 519

Justice Hanley, and Mr. Justice Robert W. Hansen being of the opinion that the judgment should be reversed, and Mr. Justice Heffernan, Mr. Justice Connor T. Hansen, and Mr. Justice Day being of the opinion that the judgment should be affirmed, the judgment appealed from is affirmed under the rule.

Judgment affirmed.

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3 practice notes
  • New Richmond News v. City of New Richmond, No. 2014AP1938.
    • United States
    • United States State Supreme Court of Wisconsin
    • December 18, 2015
    ...7, 1976. Two cases that had been heard before Chief Justice Wilkie's death resulted in a tie after his death: Punches v. Schmidt, 73 Wis.2d 206, 243 N.W.2d 518 (1976) ; and State v. Kline, 73 Wis.2d 337, 243 N.W.2d 519 (1976). In each case, the court issued a per curiam opinion on June 30, ......
  • Smith v. Kleynerman, Case No.: 2015AP207
    • United States
    • United States State Supreme Court of Wisconsin
    • March 21, 2017
    ...337, 243 N.W.2d 519 (1976) (on appeal).54. Brown v. State , 73 Wis.2d 351, 243 N.W.2d 519 (1976) (on appeal).55. Punches v. S chmid t , 73 Wis.2d 206, 243 N.W.2d 518 (1976) (on appeal).56. State v. Bal e strieri , 96 Wis.2d 361, 291 N.W.2d 579 (1980) (on petition for review).57. Herwig v. E......
  • St. Croix Cnty. Dep't of Health & Human Servs. v. Michael D. (In re Termination of Parental Rights to Matthew D.), No. 2014AP2431.
    • United States
    • United States State Supreme Court of Wisconsin
    • May 12, 2016
    ...were issued on June 30, 1976 affirming the county courts in cases where the supreme court was equally divided. See Punches v. Schmidt, 73 Wis.2d 206, 243 N.W.2d 518 (1976) ; State v. Kline, 73 Wis.2d 337, 243 N.W.2d 519 (1976). Justice Abrahamson was appointed to fill the vacancy created by......
3 cases
  • New Richmond News v. City of New Richmond, No. 2014AP1938.
    • United States
    • United States State Supreme Court of Wisconsin
    • December 18, 2015
    ...7, 1976. Two cases that had been heard before Chief Justice Wilkie's death resulted in a tie after his death: Punches v. Schmidt, 73 Wis.2d 206, 243 N.W.2d 518 (1976) ; and State v. Kline, 73 Wis.2d 337, 243 N.W.2d 519 (1976). In each case, the court issued a per curiam opinion on June 30, ......
  • Smith v. Kleynerman, Case No.: 2015AP207
    • United States
    • United States State Supreme Court of Wisconsin
    • March 21, 2017
    ...337, 243 N.W.2d 519 (1976) (on appeal).54. Brown v. State , 73 Wis.2d 351, 243 N.W.2d 519 (1976) (on appeal).55. Punches v. S chmid t , 73 Wis.2d 206, 243 N.W.2d 518 (1976) (on appeal).56. State v. Bal e strieri , 96 Wis.2d 361, 291 N.W.2d 579 (1980) (on petition for review).57. Herwig v. E......
  • St. Croix Cnty. Dep't of Health & Human Servs. v. Michael D. (In re Termination of Parental Rights to Matthew D.), No. 2014AP2431.
    • United States
    • United States State Supreme Court of Wisconsin
    • May 12, 2016
    ...were issued on June 30, 1976 affirming the county courts in cases where the supreme court was equally divided. See Punches v. Schmidt, 73 Wis.2d 206, 243 N.W.2d 518 (1976) ; State v. Kline, 73 Wis.2d 337, 243 N.W.2d 519 (1976). Justice Abrahamson was appointed to fill the vacancy created by......

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