State v. Kline, No. 75-142-CR

CourtUnited States State Supreme Court of Wisconsin
Writing for the CourtPER CURIAM; The court is equally divided on the question of whether the judgment should be affirmed or reversed, Mr. Chief Justice Beilfuss, Mr. Justice Heffernan, and Mr. Justice Day being of the opinion that the judgment should be reversed, and Mr.
Citation73 Wis.2d 337,243 N.W.2d 519
Decision Date30 June 1976
Docket NumberNo. 75-142-CR
PartiesSTATE of Wisconsin, Respondent, v. Albert J. KLINE, Appellant.

Page 519

243 N.W.2d 519
73 Wis.2d 337
STATE of Wisconsin, Respondent,
v.
Albert J. KLINE, Appellant.
No. 75-142-CR.
Supreme Court of Wisconsin.
Argued May 5, 1976.
Decided June 30, 1976.

Appeal from a judgment of the county court of Ozaukee County; Charles L. Larson, Judge.

James A. Hanley, Milwaukee, for appellant.

Marguerite M. Moeller, Asst. Atty. Gen. (argued), with whom on the brief was Bronson C. La Follette, Atty. Gen., for respondent.

PER CURIAM.

The court is equally divided on the question of whether the judgment should be affirmed or reversed, Mr. Chief Justice Beilfuss, Mr. Justice Heffernan, and Mr. Justice Day being of the opinion that the judgment should be reversed, and Mr. Justice Hanley, Mr. Justice Connor T. Hansen, and Mr. Justice Robert W. Hansen 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
    ...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, 1976, stating how each justice had voted and further......
  • Smith v. Kleynerman, Case No.: 2015AP207
    • United States
    • United States State Supreme Court of Wisconsin
    • March 21, 2017
    ...41 Wis.2d 145, 163 N.W.2d 8 (1968) (on appeal).52. State v. White , 59 Wis.2d 354, 208 N.W.2d 321 (1973) (on appeal).53. State v. Kline , 73 Wis.2d 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.......
  • 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
    ...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 Chief Justice Wilkie's death, but she was not sworn in u......
3 cases
  • New Richmond News v. City of New Richmond, No. 2014AP1938.
    • United States
    • United States State Supreme Court of Wisconsin
    • December 18, 2015
    ...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, 1976, stating how each justice had voted and further......
  • Smith v. Kleynerman, Case No.: 2015AP207
    • United States
    • United States State Supreme Court of Wisconsin
    • March 21, 2017
    ...41 Wis.2d 145, 163 N.W.2d 8 (1968) (on appeal).52. State v. White , 59 Wis.2d 354, 208 N.W.2d 321 (1973) (on appeal).53. State v. Kline , 73 Wis.2d 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.......
  • 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
    ...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 Chief Justice Wilkie's death, but she was not sworn in u......

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