State ex rel. Luedtke v. Bertrand

Decision Date28 May 1999
Docket NumberNo. 97-3238-W,97-3238-W
Citation226 Wis.2d 271,594 N.W.2d 370
PartiesSTATE of Wisconsin ex rel. James D. LUEDTKE, Petitioner, v. Daniel BERTRAND, Respondent-Petitioner.
CourtWisconsin 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.

¶1 PER CURIAM.

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.

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