State v. Jeremy T. Greer
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2003 WI 20 SUPREME COURT CASE NO.: OF WISCONSIN 01-2591-CR COMPLETE TITLE: State of Wisconsin, Plaintiff-Appellant, v. Jeremy T. Greer, Defendant-Respondent. ON CERTIFICATION FROM THE COURT OF APPEALS OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: January 21, 2003 SOURCE OF APPEAL: COURT: COUNTY: JUDGE: Circuit Milwaukee William D. Gardner JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: WILCOX, J., did not participate. March 25, 2003 ATTORNEYS: For the plaintiff-appellant there were briefs and oral argument by David J. Becker, assistant attorney general, with whom on the brief was James E. Doyle, attorney general. For the defendant-respondent there was a brief and oral argument by Donna L. Hintze, assistant state public defender. 2003 WI 20 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 01-2591-CR (L.C. No. 01 CF 1746) STATE OF WISCONSIN : IN SUPREME COURT State of Wisconsin, FILED Plaintiff-Appellant, MAR 25, 2003 v. Jeremy T. Greer, Cornelia G. Clark Clerk of Supreme Court Defendant-Respondent. APPEAL from an order of the Circuit Court for Milwaukee County, William certification D. vacated Gardner, and Judge. cause Order remanded to the granting Court of Appeals. ¶1 to PER CURIAM. affirm or reverse Milwaukee County. The court is equally divided on whether the judgment of the circuit court for Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice David T. Prosser would affirm. Justice William A. Bablitch, Justice Justice Diane S. Sykes would reverse. not participate. N. Patrick Crooks, and Justice Jon P. Wilcox did No. ¶2 01-2591-CR 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. 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. 1 01-2591-CR
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