State v. Kloss

Decision Date06 March 2020
Docket NumberNo. 2018AP651-CR,2018AP651-CR
Citation2020 WI 26,939 N.W.2d 564 (Mem),390 Wis.2d 685
Parties STATE of Wisconsin, Plaintiff-Respondent-Cross Petitioner, v. Kelly James KLOSS, Defendant-Appellant-Petitioner.
CourtWisconsin Supreme Court

For the plaintiff-respondent-cross petitioner, there were briefs filed by Lisa E.F. Kumfer, assistant attorney general, with whom on the brief was Joshua L. Kaul, attorney general. There was an oral argument by Lisa E.F. Kumfer.

For the defendant-appellant-petitioner, there were briefs filed by Steven L. Miller and Miller Appellate Practice, LLC, River Falls. There was an oral argument by Steven L. Miller.

PER CURIAM.

¶1 Kelly Kloss and the State cross-petitioned for review of the decision of the court of appeals, State v. Kloss, 2019 WI App 13, 386 Wis. 2d 314, 925 N.W.2d 563. After reviewing the record and the briefs of both parties, and after hearing oral arguments, we conclude this matter should be dismissed as improvidently granted.

¶2 By the Court. —The review of the decision of the court of appeals is dismissed as improvidently granted.

¶3 REBECCA GRASSL BRADLEY and DANIEL KELLY, JJ., dissent.

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4 cases
  • Brown v. Eplett
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • September 7, 2022
    ...(2000) ); State v. Kloss , 386 Wis.2d 314, 925 N.W.2d 563, 567 (Ct. App. 2019), review dismissed as improvidently granted , 390 Wis.2d 685, 939 N.W.2d 564 (2020). Conduct is defined as "criminally reckless" when "the actor creates an unreasonable and substantial risk of death or great bodil......
  • Brown v. Eplett
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • September 7, 2022
    ... ... first-degree reckless injury. He pleaded not ... guilty to the charges and the State's case against him ... was tried before a jury over the course of four days ...          Brown's ... theory of the case ... McDonald , 592 F.3d 808, 811 (7th ... Cir. 2010) (citing State v. Jensen , 613 N.W.2d 170, ... 173 n.2 (Wis. 2000)); State v. Kloss , 925 N.W.2d ... 563, 567 (Wis. Ct. App. 2019), review dismissed as ... improvidently granted , 939 N.W.2d 564 (Wis. 2020) ... ...
  • Fond du Lac Cnty. v. S.N.W. (In re S.N.W.)
    • United States
    • Wisconsin Supreme Court
    • May 7, 2021
    ...curiam decisions dismissing cases as improvidently granted, and each provided only identical boilerplate language. State v. Kloss, 2020 WI 26, 390 Wis. 2d 685, 939 N.W.2d 564 ; Waukesha Cnty. v. J.J.H., 2020 WI 22, 390 Wis. 2d 531, 939 N.W.2d 49.¶7 However, this dearth of explanation has no......
  • Slamka v. Gen. Heating & Air Conditioning
    • United States
    • Wisconsin Supreme Court
    • November 4, 2022
    ... ...          ¶6 ... Accordingly, I respectfully concur ...          ¶7 ... I am authorized to state that Justice REBECCA FRANK DALLET ... joins this concurrence ... --------- ... [1] For examples of dismissals without ... explanation, see Cobb ... Wis.2d 198, 976 N.W.2d 410; Fond du Lac County v ... S.N.W., 2021 WI 41, 396 Wis.2d 773, 958 N.W.2d 530; ... State v. Kloss, 2020 WI 26, 390 Wis.2d 685, 939 ... N.W.2d 564; Waukesha County v. J.J.H., 2020 WI 22, ... 390 Wis.2d 531, 939 N.W.2d 49; Halbman v. Barrock, ... ...

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