State v. Richard Knutson, Inc., No. 93-1898-CR

CourtUnited States State Supreme Court of Wisconsin
Writing for the CourtPER CURIAM; The court is equally divided on whether to affirm or reverse the judgment of the circuit court for Waukesha County. Justice Day, Justice Abrahamson, and Justice Bablitch would affirm. Chief Justice Heffernan
Citation528 N.W.2d 430,191 Wis.2d 395
PartiesSTATE of Wisconsin, Plaintiff-Respondent, v. RICHARD KNUTSON, INC., Defendant-Appellant.
Docket NumberNo. 93-1898-CR
Decision Date14 March 1995

Page 430

528 N.W.2d 430
191 Wis.2d 395
STATE of Wisconsin, Plaintiff-Respondent,
v.
RICHARD KNUTSON, INC., Defendant-Appellant.
No. 93-1898-CR.
Supreme Court of Wisconsin.
Argued Nov. 30, 1994.
Decided March 14, 1995.

For the defendant-appellant there were briefs by John H. Hinderaker, Scott W. Johnson, Ann Marie Hanrahan and Faegre & Benson, Minneapolis, and [191 Wis.2d 396] oral argument by Ann Marie Hanrahan and Scott W. Johnson.

For the plaintiff-respondent the cause was argued by Daniel J. O'Brien, Asst. Atty.

Page 431

Gen., with whom on the brief was James E. Doyle, Atty. Gen.

PER CURIAM.

The court is equally divided on whether to affirm or reverse the judgment of the circuit court for Waukesha County. Justice Day, Justice Abrahamson, and Justice Bablitch would affirm. Chief Justice Heffernan, Justice Steinmetz, and Justice Geske would reverse. Justice Wilcox did not participate.

Upon consideration, we conclude that the better course of action when a certification or bypass results in a tie vote by this court is to vacate our decision to certify or bypass and remand to the court of appeals. We thus overrule Wisconsin Pub. Power, Inc. Sys. v. Thompson, 174 Wis.2d 705, 497 N.W.2d 723 (1993), and Local 257 of Hotel & Restaurant Employees & Bartenders Int'l Union v. Wilson St. East Dinner Playhouse, Inc., 126 Wis.2d 284, 375 N.W.2d 664 (1985).

A petition for review comes to this court after a full review and opinion by the court of appeals. If the result here is a tie vote, thus affirming the court of appeals' decision, the parties at the least have had a full review and opinion by an appellate court. Not so in the case of a tie vote in this court on a certification or bypass. If we allow the circuit court's decision to stand, the parties have in effect been denied a full appellate review and opinion. We conclude justice is better served in such an [191 Wis.2d 397] instance by remanding to the court of appeals for their consideration.

Accordingly, we vacate our decision to certify and remand to the court of appeals.

Decision to certify vacated and cause remanded.

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23 practice notes
  • New Richmond News v. City of New Richmond, No. 2014AP1938.
    • United States
    • United States State Supreme Court of Wisconsin
    • December 18, 2015
    ...served in such an instance by remanding to the court of appeals 875 N.W.2d 109for their consideration." State v. Richard Knutson, Inc., 191 Wis.2d 395, 396–97, 528 N.W.2d 430 (1995) (remanding to court of appeals on a tie vote on certification); see also State v. Elam, 195 Wis.2d 683, 684–8......
  • Smith v. Kleynerman, Case No.: 2015AP207
    • United States
    • United States State Supreme Court of Wisconsin
    • March 21, 2017
    ...(on bypass).63. State v. Young , 191 Wis.2d 393, 528 N.W.2d 417 (1995) (on petition for review).64. State v. Richard Knutson, Inc. , 191 Wis.2d 395, 528 N.W.2d 430 (1995) (on certification).65. State v. Ameritech Corp. , 193 Wis.2d 150, 532 N.W.2d 449 (1995) (on petition for review).66. Sta......
  • Ives v. Coopertools, a Div. of Cooper Industries, Inc., No. 1
    • United States
    • United States State Supreme Court of Wisconsin
    • February 28, 1997
    ...court's decision to stand the parties have in effect been denied a full appellate review and opinion. State v. Richard Knutson, Inc., 191 Wis.2d 395, 396, 528 N.W.2d 430 (1995). Here, the parties have had the opportunity of full review by both this court and the court of appeals. Our divisi......
  • 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
    ...only one of the deadlocked cases that had come to this court on bypass from the court of appeals. Under State v. Richard Knutson, Inc., 191 Wis.2d 395, 396–97, 528 N.W.2d 430 (1995), when a case is before this court on a petition to bypass or a certification, and a tie vote results, the cas......
  • Request a trial to view additional results
23 cases
  • New Richmond News v. City of New Richmond, No. 2014AP1938.
    • United States
    • United States State Supreme Court of Wisconsin
    • December 18, 2015
    ...served in such an instance by remanding to the court of appeals 875 N.W.2d 109for their consideration." State v. Richard Knutson, Inc., 191 Wis.2d 395, 396–97, 528 N.W.2d 430 (1995) (remanding to court of appeals on a tie vote on certification); see also State v. Elam, 195 Wis.2d 683, 684–8......
  • Smith v. Kleynerman, Case No.: 2015AP207
    • United States
    • United States State Supreme Court of Wisconsin
    • March 21, 2017
    ...(on bypass).63. State v. Young , 191 Wis.2d 393, 528 N.W.2d 417 (1995) (on petition for review).64. State v. Richard Knutson, Inc. , 191 Wis.2d 395, 528 N.W.2d 430 (1995) (on certification).65. State v. Ameritech Corp. , 193 Wis.2d 150, 532 N.W.2d 449 (1995) (on petition for review).66. Sta......
  • Ives v. Coopertools, a Div. of Cooper Industries, Inc., No. 1
    • United States
    • United States State Supreme Court of Wisconsin
    • February 28, 1997
    ...court's decision to stand the parties have in effect been denied a full appellate review and opinion. State v. Richard Knutson, Inc., 191 Wis.2d 395, 396, 528 N.W.2d 430 (1995). Here, the parties have had the opportunity of full review by both this court and the court of appeals. Our divisi......
  • 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
    ...only one of the deadlocked cases that had come to this court on bypass from the court of appeals. Under State v. Richard Knutson, Inc., 191 Wis.2d 395, 396–97, 528 N.W.2d 430 (1995), when a case is before this court on a petition to bypass or a certification, and a tie vote results, the cas......
  • Request a trial to view additional results

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