State v. Deborah J.Z.
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SUPREME COURT OF WISCONSIN Case No.: 96-2797-CR Complete Title of Case: State of Wisconsin, Plaintiff-Respondent, v. Deborah J.Z., Defendant-Appellant. ON CERTIFICATION FROM THE COURT OF APPEALS Opinion Filed: Submitted on Briefs: Oral Argument: April 9, 1999 December 3, 1998 Source of APPEAL COURT: COUNTY: JUDGE: Circuit Racine Dennis J. Barry JUSTICES: Concurred: Dissented: Not Participating: Abrahamson, C.J., did not participate ATTORNEYS: For the defendant-appellant there were briefs by Sally A. Hoelzel, Racine and Priscilla Smith, Bonnie Scott Jones and Center for Reproductive Law & Policy, New York NY and oral argument by Priscilla Smith. For the plaintiff-respondent the cause was argued by Joan M. Korb, assistant district attorney, with whom on the briefs was Robert S. Flancher, district attorney. Amicus curiae brief was filed by Charles H. Barr and Croen & Barr, of counsel, Peter M. Koneazny and American Civil Liberties Union of Wisconsin, Inc., all of Milwaukee for the American Civil Liberties Union of Wisconsin, Inc., American Nurses Association, American Public Health Association, Coalition on Addiction, Pregnancy & Parenting, Legal Action Center, National Council on Alcohol & Drug Dependence, National Women s Health Network, NOW Legal Defense & Education Fund, Pennsylvania Coalition Against Domestic Violence, Planned Parenthood of Wisconsin, Women s Law Project, and Women s Rights Litigation Clinic. No. 96-2797-CR NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 96-2797-CR STATE OF WISCONSIN : IN SUPREME COURT FILED State of Wisconsin, APR 9, 1999 Plaintiff-Respondent, Marilyn L. Graves Clerk of Supreme Court Madison, WI v. Deborah J.Z., Defendant-Appellant. APPEAL from an order of the County, Dennis J. Barry, Judge. Circuit Court for Racine Order granting certification vacated and cause remanded to the court of appeals. ¶1 PER CURIAM. The court is equally divided on whether to affirm or reverse the order of the circuit court on the charge of attempted first degree intentional homicide. Donald W. Patrick Steinmetz, Crooks Justice would Jon affirm; P. Justice Wilcox, and William Justice Justice A. N. Bablitch, Justice Ann Walsh Bradley, and Justice David T. Prosser would reverse. ¶2 When a certification results in a tie vote by this court, a course of action is to vacate our decision to accept certification and State v. Watson, remand 209 the Wis. 2d (1997)(vacating order granting court of appeals); cause to 281, the 282, certification court 562 and of appeals. N.W.2d 151 remanding to State v. Richard Knutson, Inc., 191 Wis. 2d 1 No. 96-2797-CR 395, 396-97, 528 N.W.2d 430 (1995)(remanding to court of appeals on a tie vote on certification). ¶3 Accordingly, we vacate our order granting certification and remand the cause to the court of appeals. ¶4 SHIRLEY S. ABRAHAMSON, participate. 2 CHIEF JUSTICE, did not No. 96-2797 1
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