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STATE v. RICHARD KNUTSON, INC.

No. 93-1898-CR.

191 Wis.2d 395 (1995)

528 N.W.2d 430

STATE of Wisconsin, Plaintiff-Respondent, v. RICHARD KNUTSON, INC., Defendant-Appellant.

Supreme Court of Wisconsin.

Decided March 14, 1995.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs by John H. Hinderaker, Scott W. Johnson, Ann Marie Hanrahan and Faegre & Benson, Minneapolis, MN and oral argument by Ann Marie Hanrahan and Scott W. Johnson.

For the plaintiff-respondent the cause was argued by Daniel J. O'Brien, assistant attorney general with whom on the brief was James E. Doyle, attorney general.

PER CURIAM.

The court is equally divided on whether to affirm or reverse the judgment of the circuit court for Waukesha County. Justice DAY, Justice ABRAHAMSON, and Justice BABLITCH would affirm. Chief Justice HEFFERNAN, Justice STEINMETZ, and Justice GESKE would reverse. Justice WILCOX did not participate.

Upon consideration, we conclude that the better course of action when a certification or bypass results in a tie vote by this court is to vacate our decision...

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