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STATE v. LINDBERG

No. 92-1704-CR.

175 Wis.2d 332 (1993)

500 N.W.2d 322

STATE of Wisconsin, Plaintiff-Appellant, v. Derek W. LINDBERG, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided March 16, 1993.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of James E. Doyle, attorney general and Paul Lundsten, assistant attorney general.

For the defendant-respondent the cause was submitted on the brief of Ruth S. Downs, assistant public defender of Madison.

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

MYSE, J.

The state appeals an order dismissing its criminal prosecution of Derek Lindberg, based upon the trial court's determination that the court commissioner's bindover was not supported by admissible evidence. The state contends the trial court erred by (1) reviewing the court commissioner's evidentiary rulings without deference, (2) concluding that the victim's out-of-court statements were inadmissible hearsay and (3) concluding that the evidence insufficiently...

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