State v. Morris V. Seaton
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2023 WI 69 SUPREME COURT OF WISCONSIN CASE NO.: 2021AP1399-CR COMPLETE TITLE: State of Wisconsin, Plaintiff-Appellant, v. Morris V. Seaton, Defendant-Respondent. ON CERTIFICATION FROM THE COURT OF APPEALS OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: SOURCE OF APPEAL: COURT: COUNTY: JUDGE: October 10, 2023 September 13, 2023 Circuit Waukesha Jennifer Dorow JUSTICES: Per Curiam. NOT PARTICIPATING: Janet C. Protasiewicz, J. ATTORNEYS: For the plaintiff-appellant, there were briefs filed by Sarah L. Burgundy, assistant attorney general, with whom on the brief was Joshua L. Kaul, attorney general. There was an oral argument by Sarah L. Burgundy, assistant attorney general. For the defendant-respondent, there was a brief filed by Melinda A. Swartz, Michael J. Steinle and Terschan, Steinle, Hodan & Ganzer, Ltd, Milwaukee. There was an oral argument by Melinda A. Swartz. 2023 WI 69 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2021AP1399-CR (L.C. No. 2020CF687) STATE OF WISCONSIN : IN SUPREME COURT State of Wisconsin, FILED Plaintiff-Appellant, OCT 10, 2023 v. Morris V. Seaton, Samuel A. Christensen Clerk of Supreme Court Defendant-Respondent. APPEAL from an order of the Circuit Court for Waukesha County, Jennifer Dorow, Judge. Order to accept certification vacated and remanded. ¶1 PER CURIAM. The court is equally divided on whether to affirm or reverse the order of the circuit court for Waukesha County. ¶2 This court accepted jurisdiction over this appeal by accepting a certification from the court of appeals. § (Rule) 809.61 (2021-22). Wis. Stat. We have previously stated that when a tie vote occurs in this court on a bypass or certification, "justice is better served in such an instance by remanding to the court of appeals for their consideration." State v. Richard No. 2021AP1399-CR Knutson, Inc., 191 Wis. 2d. 395, 396-97, 528 N.W.2d 430 (1995) (remanding to court of appeals on a tie vote on certification). ¶3 Accordingly, we vacate our order to accept the vacated and certification and remand to the court of appeals. By the Court.—Order to accept certification remanded. ¶4 JANET C. PROTASIEWICZ, J., did not participate. 2 No. 1 2021AP1399-CR
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