State v. Wilbert L. Thomas
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SUPREME COURT OF WISCONSIN Case No.: 98-0152 Complete Title of Case: In re the Commitment of Wilbert L. Thomas: State of Wisconsin, Petitioner-Respondent-Petitioner, v. Wilbert L. Thomas, Respondent-Appellant. ON REVIEW OF A DECISION OF THE COURT OF APPEALS Reported at: 226 Wis. 2d 159, 594 N.W.2d 418 (Ct. App. 1999-Unpublished) Opinion Filed: Submitted on Briefs: Oral Argument: December 8, 1999 November 11, 1999 Source of APPEAL COURT: COUNTY: JUDGE: Circuit Racine Emmanuel Vuvunas JUSTICES: Concurred: Dissented: Not Participating: PROSSER, J., did not participate. ATTORNEYS: For the petitioner-respondent-petitioner the cause was argued by Brian E. Pawlak, assistant district attorney, with whom on the briefs was Robert S. Flancher, district attorney and Michael E. Nieskes, deputy district attorney. For the respondent-appellant there was a brief by assistant state public defenders Mark Lukoff, Robert W. Peterson and Jack E. Schairer and oral argument by Jack E. Schairer, assistant state public defender. No. 98-0152 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 98-0152 STATE OF WISCONSIN : IN SUPREME COURT In re the Commitment of Wilbert L. Thomas: FILED State of Wisconsin, DEC 8, 1999 Petitioner-RespondentPetitioner, Marilyn L. Graves Clerk of Supreme Court Madison, WI v. Wilbert L. Thomas, Respondent-Appellant. REVIEW of a decision of the Court of Appeals. ¶1 PER CURIAM. The court is equally Affirmed. divided on the question of whether the unpublished decision of the court of appeals, State v. Thomas, no. 98-0152 (Dec. 9, 1998), should be affirmed or reversed. Chief Justice SHIRLEY S. ABRAHAMSON, Justice WILLIAM A. BABLITCH and Justice ANN WALSH BRADLEY would affirm; Justice JON P. WILCOX, Justice N. PATRICK CROOKS and Justice DIANE S. SYKES would reverse. Justice DAVID T. PROSSER did not participate. ¶2 Accordingly, the decision of the court of appeals is affirmed. 1 No. 2 98-0152 No. 1 98-0152
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