State ex rel. Luedtke v. Bertrand
Decision Date | 28 May 1999 |
Docket Number | No. 97-3238-W,97-3238-W |
Citation | 226 Wis.2d 271,594 N.W.2d 370 |
Parties | STATE of Wisconsin ex rel. James D. LUEDTKE, Petitioner, v. Daniel BERTRAND, Respondent-Petitioner. |
Court | Wisconsin Supreme Court |
REVIEW of a decision of the Court of Appeals. Affirmed.
For the respondent-petitioner the cause was argued by Jody J. Schmelzer, assistant attorney general, with whom on the briefs was Charles D. Hoornstra, assistant attorney general and James D. Doyle, attorney general.
For the petitioner there was a brief by Stephen M. Compton and Brennan, Steil, Basting & MacDougall, S.C., Janesville and oral argument by Stephen M. Compton.
The court is equally divided on whether to affirm or reverse the published decision of the court of appeals, State ex rel. Luedtke v. Bertrand, 220 Wis.2d 574, 583 N.W.2d 858 (Ct.App.1998). Chief Justice Shirley S. Abrahamson and Justices Ann Walsh Bradley and David T. Prosser would affirm; Justices Donald W. Steinmetz, William A. Bablitch and N. Patrick Crooks would reverse. Justice Jon P. Wilcox withdrew from participation.
¶2 Accordingly, the decision of the court of appeals is affirmed.
The decision of the court of appeals is affirmed.
WILCOX, J., did not participate.
To continue reading
Request your trial-
Smith v. Kleynerman
...for review).76. State v. Deborah J.Z. , 225 Wis.2d 33, 590 N.W.2d 711 (1999) (on certification).77. State ex rel. Luedtke v. Bertrand , 226 Wis.2d 271, 594 N.W.2d 370 (1999) (on petition for review).78. In re Commitment of Thomas , 231 Wis.2d 241, 603 N.W.2d 84 (1999) (on petition for revie......
-
Paige K.B. ex rel. Peterson v. Steven G.B.
... ... State ex rel. Flowers v. H & SS Department, 81 Wis.2d 376, 389, 260 N.W.2d 727 (1978). "[O]nce an issue ... ...
-
State ex rel. Schatz v. McCaughtry
...ex rel. Luedtke v. Bertrand, 220 Wis. 2d 574, 580-81, 583 N.W.2d 858 (Ct. App. 1998), aff'd by an equally divided court, 226 Wis. 2d 271, 594 N.W.2d 370 (1999), we clarified that we used "discretionary" in Sahagian to refer to the circuit court's ultimate decision on certiorari, and it did ......
-
State ex rel. Adell v. Smith
...(c) (1997-98); see also State ex rel. Luedtke v. Bertrand, 220 Wis. 2d 574, 578, 583 N.W.2d 858 (Ct. App. 1998), aff'd,226 Wis. 2d 271, 594 N.W.2d 370 (1999). On September 1, 1998, the Prisoner Litigation Reform Act (PLRA), 1997 Wis. Act 133, took effect. Under the PLRA, which addresses the......