State v. Thornton

Full title: State of Wisconsin, Plaintiff-Respondent v. William H. Thornton, Jr.…

Court: Supreme Court of Wisconsin

Date published: Mar 30, 2004

677 N.W.2d 274 (Wis. 2004)

677 N.W.2d 274

2004 WI 35

Opinion

No. 01-1402.

Oral Argument: March 12, 2004.

Opinion Filed: March 30, 2004.

Appeal from Circuit Court, Milwaukee County, Clare L. Fiorenza, Judge.

REVIEW of a decision of the Court of Appeals. Affirmed. Reported at: 253 Wis.2d 846, 644 N.W.2d 293, (Ct.App. 2002-Unpublished), (L.C. No. 92 CF 920660).

For the defendant-appellant-petitioner there were briefs by Robert R. Henak and Henak Law Office, S.C., Milwaukee, and oral argument by Robert R. Henak.

For the plaintiff-respondent the cause was argued by William L. Gansner, assistant attorney general, with whom on the brief was Peggy A. Lautenschlager, attorney general.

¶ 1. PER CURIAM.

The court is equally divided on the question of whether the decision of the court of appeals, State v. Thornton, No. 01-1402, unpublished slip op. (Wis.Ct.App. March 5, 2002), should be affirmed or reversed. Justice JON P. WILCOX, Justice DAVID T. PROSSER and Justice PATIENCE D. ROGGENSACK would affirm; Chief Justice SHIRLEY S. ABRAHAMSON, Justice ANN WALSH BRADLEY, and Justice N. PATRICK CROOKS would reverse. Justice DIANE S. SYKES did not participate.

¶ 2. Accordingly, the decision of the court of appeals is affirmed.