State v. John J. Watson
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SUPREME COURT OF WISCONSIN Case No.: 95-1067 Complete Title of Case: State of Wisconsin, Petitioner-Appellant, v. John J. Watson, Respondent-Respondent, CERTIFICATION FROM THE COURT OF APPEALS Opinion Filed: Submitted on Briefs: Oral Argument: Source of APPEAL COURT: COUNTY: JUDGE: JUSTICES: Concurred: Dissented: Not Participating: ATTORNEYS: May 2, 1997 April 10, 1997 Circuit Dane Angela B. Bartell Steinmetz, J., did not participate. For the petitioner-appellant the cause was argued by Mary E. Burke, assistant attorney general, with whom on the briefs was Sally L. Wellman, assistant attorney general and James E. Doyle, attorney general. For the respondent-respondent there was a brief and oral argument by Richard D. Martin, state public defender. No. 95-1067 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 95-1067 STATE OF WISCONSIN : IN SUPREME COURT FILED State of Wisconsin, Petitioner-Appellant, MAY 2, 1997 v. Marilyn L. Graves Clerk of Supreme Court Madison, WI John J. Watson, Respondent-Respondent. APPEAL from an order of the Circuit Court for Dane County, Angela B. Bartell, Judge. Order granting certification vacated and cause remanded to the Court of Appeals. ¶1 PER CURIAM. 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 1 No. 95-1067 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). ¶3 Accordingly, we vacate our order certification and remand to the court of appeals. 2 granting No. 95-1067 1 3
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