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STATE v. DWYER

No. 87-1031-CR.

143 Wis.2d 448 (1988)

422 N.W.2d 121

STATE of Wisconsin, Plaintiff-Respondent, v. David O. DWYER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 9, 1988.

Attorney(s) appearing for the Case

For the defendant-appellant, there were briefs and oral argument by John E. Tradewell, assistant state public defender.

For the plaintiff-respondent, there was a brief and oral argument by Paul Lundsten, assistant attorney general.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

David O. Dwyer (Dwyer) appeals his judgment of conviction for first-degree sexual assault, sec. 940.225(1)(d), Stats., and an order denying postconviction relief, sec. 809.30(2)(b), Stats. The dispositive issue is whether in admitting the victim's out-of-court statements the trial court denied Dwyer's constitutional right of confrontation by finding the victim unavailable. Other issues are whether the trial court erred 1) by excluding evidence offered as...

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