Evidence — sexual assault — psychological records

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Wisconsin Supreme Court

Criminal

Evidence — sexual assault — psychological records

Where no three justices agree on any issue, the court of appeals opinion remains the law of the case.

“Specifically, no three justices reach agreement to either affirm, reverse, or modify the decision of the court of appeals consistent with precedent. Consequently, the court of appeals decision remains the law of the case. See Phillips v. U.S. Bank Nat’l Ass’n, 2010 WI 131, ¶¶1-2, 329 Wis.2d 639, 791 N.W.2d 190; Hornback v. Archdiocese of Milwaukee, 2008 WI 98, ¶63, 313 Wis.2d 294, 752 N.W.2d 862; see also 6A Jay E. Grenig, Wisconsin Practice Series: Appeal and Review §55:18 (5th ed.). In light of the motion for reconsideration and the fact that our previous per curiam left the parties and the circuit court without sufficient guidance or ability to proceed consistent with precedent, the court is now compelled to clarify that per curiam.”

Reconsideration granted.

2011AP2864-CRAC State v. Johnson

Per Curiam.

Attorneys: For Appellant: Moeller, Marguerite M., Madison; For Respondent: Repischak, Robert S., Racine; For Respondent: Meyer, Stephen J., Madison; Richards, Mark D., Racine; Hart, Michael F., Milwaukee; Powell, Craig S., Milwaukee; Misfeldt, Geoffrey R., Milwaukee