State v. Kelly James Kloss

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2020 WI 26 SUPREME COURT OF WISCONSIN CASE NO.: 2018AP651-CR COMPLETE TITLE: State of Wisconsin, Plaintiff-Respondent-Cross Petitioner, v. Kelly James Kloss, Defendant-Appellant-Petitioner. REVIEW OF DECISION OF THE COURT OF APPEALS Reported at 386 Wis. 2d 314,925 N.W.2d 563 PDC No:2019 WI App 13 - Published OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: SOURCE OF APPEAL: COURT: COUNTY: JUDGE: March 6, 2020 October 14, 2019 Circuit St. Croix Eugene D. Harrington JUSTICES: PER CURIAM. REBECCA GRASSL BRADLEY and DANIEL KELLY, JJ., dissent. NOT PARTICIPATING: ATTORNEYS: For the plaintiff-respondent-cross petitioner, there were briefs filed by Lisa E.F. Kumfer, assistant attorney general, with whom on the brief was Joshua L. Kaul, attorney general. There was an oral argument by Lisa E.F. Kumfer. For the defendant-appellant-petitioner, there were briefs filed by Steven L. Miller and Miller Appellate Practice, LLC, River Falls. There was an oral argument by Steven L. Miller. 2020 WI 26 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2018AP651-CR (L.C. No. 2014CF465) STATE OF WISCONSIN : IN SUPREME COURT State of Wisconsin, Plaintiff-Respondent-Cross Petitioner, FILED v. MAR 6, 2020 Kelly James Kloss, Sheila T. Reiff Clerk of Supreme Court Defendant-Appellant-Petitioner. REVIEW of a decision of the Court of Appeals. Dismissed as improvidently granted. ¶1 PER CURIAM. Kelly Kloss and the State cross-petitioned for review of the decision of the court of appeals, State v. Kloss, 2019 WI App 13, 386 Wis. 2d 314, 925 N.W.2d 563. After reviewing the record and the briefs of both parties, and after hearing oral arguments, we conclude improvidently granted. this matter should be dismissed as No. ¶2 2018AP651-CR By the Court.—The review of the decision of the court of appeals is dismissed as improvidently granted. ¶3 REBECCA GRASSL BRADLEY and DANIEL KELLY, JJ., dissent. 2 No. 1 2018AP651-CR

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