State v. Watson

Wisconsin Supreme Court

State v. Watson

562 N.W.2d 151, 209 Wis. 2d 281, 1997 Wisc. LEXIS 45

CourtWisconsin Supreme Court

DecidedMay 2, 1997

Docket95-1067

StatusPublished

Cited by7 cases

This text of 562 N.W.2d 151 (State v. Watson) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Watson, 562 N.W.2d 151, 209 Wis. 2d 281, 1997 Wisc. LEXIS 45 (Wis. 1997).

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Opinion

PER CURIAM.

¶ 1. The court is equally divided whether to affirm or reverse the order of the circuit court. Chief Justice Shirley S. Abrahamson, Justice William A. Bablitch and Justice Ann Walsh Bradley would affirm. Justice Jon P. Wilcox, Justice Janine P. Geske and Justice N. Patrick Crooks would reverse. Justice Donald W. Steinmetz did not participate.

¶ 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. 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); State v. Elam, 195 Wis. 2d 683, 684-85, 538 N.W.2d 249 (1995) (restating rule; declining to remand to court of appeals on a tie vote on bypass because court of appeals had previously decided issue).

*283 ¶ 3. Accordingly, we vacate our order granting certification and remand to the court of appeals.

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PER CURIAM.

¶ 1. The court is equally divided whether to affirm or reverse the order of the circuit court. Chief Justice Shirley S. Abrahamson, Justice William A. Bablitch and Justice Ann Walsh Bradley would affirm. Justice Jon P. Wilcox, Justice Janine P. Geske and Justice N. Patrick Crooks would reverse. Justice Donald W. Steinmetz did not participate.

¶ 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. 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); State v. Elam, 195 Wis. 2d 683, 684-85, 538 N.W.2d 249 (1995) (restating rule; declining to remand to court of appeals on a tie vote on bypass because court of appeals had previously decided issue).

*283 ¶ 3. Accordingly, we vacate our order granting certification and remand to the court of appeals.

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Bluebook (online)

562 N.W.2d 151, 209 Wis. 2d 281, 1997 Wisc. LEXIS 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-watson-wis-1997.

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