State v. Richard Knutson, Inc.

The court is equally divided on whether to affirm or reverse the judgment of the circuit court for Waukesha County. Justice Day, Justice Abra-HAMSON, 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 to certify or bypass and remand to the court of appeals. We thus overrule Wisconsin Pub. Power, Inc. Sys. v. Thompson, 174 Wis. 2d 705, 497…