State v. Balestrieri, 77-425-CR
| Decision Date | 06 May 1980 |
| Docket Number | No. 77-425-CR,77-425-CR |
| Citation | 291 N.W.2d 579,96 Wis.2d 361 |
| Parties | STATE of Wisconsin, Plaintiff-Respondent, v. Tony BALESTRIERI, Defendant-Appellant-Petitioner. |
| Court | Wisconsin Supreme Court |
Review of a decision of the Court of Appeals; 87 Wis.2d 1, 274 N.W.2d 269.
Seymour Pikofsky, Milwaukee, argued, for defendant-appellant-petitioner; Franks & Pikofsky, S. C., Milwaukee, on brief.
David J. Becker, Asst. Atty. Gen. (argued), Bronson C. La Follette, Atty. Gen., on brief, for plaintiff-respondent.
E. Michael McCann, Dist. Atty., and Gregg M. Herman, Asst. Dist. Atty., Milwaukee, for amicus curiae The Milwaukee County District Attorney.
The court is equally divided on the question of whether the decision of the court of appeals should be affirmed or reversed, Chief Justice Beilfuss, Justice Heffernan, and Justice Abrahamson being of the opinion that the decision should be reversed; Justice Hansen, Justice Day and Justice Callow being of the opinion that the decision should be affirmed; and Justice Coffey having withdrawn from participation in this appeal. The decision is therefore affirmed.
Decision affirmed.
Coffey, J., not participating.
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