STATE v. SEATON (2023)

Supreme Court of Wisconsin.

STATE of Wisconsin, Plaintiff-Appellant, v. Morris V. SEATON, Defendant-Respondent.

No. 2021AP1399-CR

Decided: October 10, 2023

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.

¶1 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. Wis. Stat. § (Rule) 809.61 (2021-22). 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 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 certification and remand to the court of appeals.

By the Court.—Order to accept certification vacated and remanded.

PER CURIAM.

¶4 JANET C. PROTASIEWICZ, J., did not participate.

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