State v. Greer, 01-2591-CR.
| Decision Date | 25 March 2003 |
| Docket Number | No. 01-2591-CR.,01-2591-CR. |
| Citation | 658 N.W.2d 795,260 Wis.2d 43,2003 WI 20 |
| Parties | STATE of Wisconsin, Plaintiff-Appellant, v. Jeremy T. GREER, Defendant-Respondent. |
| Court | Wisconsin Supreme Court |
For the plaintiff-appellant there were briefs and oral argument by David J. Becker, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.
For the defendant-respondent there was a brief and oral argument by Donna L. Hintze, assistant state public defender.
[1]
¶ 1.
The court is equally divided on whether to affirm or reverse the judgment of the circuit court for Milwaukee County. Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice David T. Prosser would affirm. Justice William A. Bablitch, Justice N. Patrick Crooks, and Justice Diane S. Sykes would reverse. Justice Jon P. Wilcox did not participate.
[2]
¶ 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. Watson, 209 Wis. 2d 281, 562 N.W.2d 151 (1997) (); State v. Richard Knutson, Inc., 191 Wis. 2d 395, 396-97, 528 N.W.2d 430 (1995).
¶ 3. Accordingly, we vacate our order granting certification and remand to the court of appeals. By the Court.—The order granting certification is vacated and the cause is remanded to the court of appeals.
To continue reading
Request your trial
-
New Richmond News v. City of New Richmond
...Justice William A. Bablitch, and Justice Ann Walsh Bradley would reverse. Justice Jon P. Wilcox did not participate.").6. State v. Greer, 2003 WI 20, ¶¶ 1, 3, 260 Wis.2d 43, 658 N.W.2d 795 ("The court is equally divided on whether to affirm or reverse the judgment of the circuit court for M......
-
Smith v. Kleynerman
...review).88. Servais v. Kraft Foods, Inc. , 2002 WI 42, 252 Wis.2d 145, 643 N.W.2d 92 (on petition for review).89. State v. Greer , 2003 WI 20, 260 Wis.2d 43, 658 N.W.2d 795 (on certification).90. State v. Agnello , 2003 WI 44, 261 Wis.2d 331, 664 N.W.2d 55 (on certification).91. Wenke v. Ge......
-
FIREMAN'S FUND INS. CO v. Bradley Corp.
... ... to make this determination we must answer three questions: (a) Does the Lawler complaint state an offense covered under the advertising injury provisions of the insurance policies? (b) Does the ... ...
-
Proposal offers high court substitutes.
...two equally-divided decisions issued in 2003 involved criminal cases u State v. Agnello, 2003 WI 44, 261 Wis. 2d 331, and State v. Greer, 2003 WI 20, 260 Wis 2d. 43. In Greer, a six-person court heard the case due to Wilcox's earlier illness. The Agnello court had six justices with Justice ......