Narrative Opinion Summary
The court is evenly divided on whether to affirm or reverse the judgment, resulting in the affirmation of the court of appeals and the Labor and Industry Review Commission's decision. Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice N. Patrick Crooks support the affirmation. In contrast, Justice Patience Drake Roggensack, Justice Annette Kingsland Ziegler, and Justice Michael J. Gableman advocate for reversal. Justice David T. Prosser did not participate in the decision. Consequently, the court of appeals' decision is affirmed.
Legal Issues Addressed
Affirmation of Lower Court Decision due to Even Divisionsubscribe to see similar legal issues
Application: When the court is evenly divided, the lower court's decision is affirmed by default, as demonstrated in this case.
Reasoning: The court is evenly divided on whether to affirm or reverse the judgment, resulting in the affirmation of the court of appeals and the Labor and Industry Review Commission's decision.
Non-Participation of a Justicesubscribe to see similar legal issues
Application: A justice's non-participation can affect the outcome, as seen with Justice David T. Prosser's absence leading to an equally divided court.
Reasoning: Justice David T. Prosser did not participate in the decision.