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STATE EX REL. MARBERRY v. MACHT

No. 99-2446.

241 Wis.2d 695 (2001)

2001 WI 19

623 N.W.2d 135

STATE of Wisconsin EX REL. William E. MARBERRY, Petitioner-Appellant, v. Phillip G. MACHT, Superintendent, Wisconsin Resource Center, and Joseph S. Leean, Secretary, Department of Health and Family Services, Respondents-Respondents.

Supreme Court of Wisconsin.

Decided March 13, 2001.

Attorney(s) appearing for the Case

For the petitioner-appellant there were briefs and oral argument by Donald T. Lang, assistant state public defender.

For the respondents-respondents the cause was argued by Marguerite M. Moeller, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

¶ 1. PER CURIAM.

The court is equally divided on the resolution of this appeal. Justice Prosser did not participate. Justice Wilcox, Justice Crooks, and Justice Sykes would affirm the order of the circuit court for Winnebago County. Chief Justice Abrahamson, Justice Bablitch, and Justice Bradley would issue the following order seeking additional briefing in this court:

This court, having reviewed the record, having considered the briefs submitted by...

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