State v. Lucian Agnello
Annotate this Case
Download PDF
2003 WI 44 SUPREME COURT CASE NO.: OF WISCONSIN 00-2599-CR COMPLETE TITLE: State of Wisconsin, Plaintiff-Respondent, v. Lucian Agnello, Defendant-Appellant. ON CERTIFICATION FROM THE COURT OF APPEALS OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: December 6, 2002 SOURCE OF APPEAL: COURT: COUNTY: JUDGE: Circuit Milwaukee Elsa C. Lamelas JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: SYKES, J., did not participate. May 22, 2003 ATTORNEYS: For the defendant-appellant there were briefs by Jerome F. Buting and Buting & Williams, S.C., Brookfield, and oral argument by Jerome F. Buting. For the plaintiff-respondent the cause was argued by Gregory M. Weber, assistant attorney general, with whom on the brief was James E. Doyle, attorney general. 2003 WI 44 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 00-2599-CR (L.C. No. 96 CF 961035) STATE OF WISCONSIN : IN SUPREME COURT State of Wisconsin, FILED Plaintiff-Respondent, MAY 22, 2003 v. Lucian Agnello, Cornelia G. Clark Clerk of Supreme Court Defendant-Appellant. APPEAL from a judgment of the Circuit Court for Milwaukee County, Elsa C. Lamelas, Judge. Order granting certification vacated and cause remanded to the Court of Appeals. ¶1 to PER CURIAM. affirm or reverse Milwaukee County. Wilcox, and The court is equally divided on whether the judgment of the circuit court for Justice William A. Bablitch, Justice Jon P. Justice N. Patrick Crooks would affirm. Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice David T. Prosser would reverse. Justice Diane S. Sykes 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 No. 00-2599 decision to accept certification or bypass and remand the cause to the court of appeals. State v. Watson, 209 Wis. 2d 281, 562 N.W.2d 151 (1997) (remanding to court of appeals on a tie vote on certification); State v. Richard Knutson, Inc., 191 Wis. 2d 395, 396-97, 528 N.W.2d 430 (1995). ¶3 Accordingly, we vacate our order granting certification and remand to the court of appeals. By the Court. The Order granting certification is vacated and the cause is remanded to the court of appeals. 2 No. 00-2599 1
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
