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STATE v. THORNTON

No. 01-1402.

270 Wis.2d 265 (2004)

2004 WI 35

677 N.W.2d 274

STATE of Wisconsin, Plaintiff-Respondent, v. William H. THORNTON, Jr., Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided March 30, 2004.

Attorney(s) appearing for the Case

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is equally divided on the question of whether the decision of the court of appeals, State v. Thornton, No. 01-1402, unpublished slip op.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...

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