State v. Dowe

The court of appeals certified this appeal which questions whether the opinion of the major ity of a multi-member court controls on a point of law where it is given in a concurring rather than lead opinion. Because the circuit court erroneously ruled that it does not, we reverse the order dismissing this case and remand for further proceedings.

Defendant was charged with delivery of a controlled substance in violation of sec. 161.41(1) (b), Stats. He moved the circuit court under sec. 905.10, Stats., for an order requiring the state to disclose the identity of a confidential informant present…