2008AP697-CR State v. Henley

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Criminal Procedure
Amicus curiae briefs

Upon review and discussion of the amicus brief, three justices, Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice N. Patrick Crooks, would grant the relief requested by the amicus. See attached writing by Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice N. Patrick Crooks.

Upon review and discussion of the amicus brief, three justices, Justice David T. Prosser, Justice Annette Kingsland Ziegler, and Justice Michael J. Gableman, have concluded that the amicus brief should not have been accepted because it does not address any issue in the underlying motion for reconsideration, and thus, the motion to accept the amicus should have been denied. See attached writing by Justice Annette Kingsland Ziegler.

The court is equally divided as to whether the relief requested by the amicus should be granted.

Justice Patience Drake Roggensack withdrew from participation.

2008AP697-CR State v. Henley

Attorneys: For Appellant: Happ, Susan V., Jefferson; Lloyd, Katherine Desmond, Madison; For Respondent: Findley, Keith A., Madison

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