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STATE v. MARKS

No. 93-2452-CR.

194 Wis.2d 79 (1995)

533 N.W.2d 730

STATE of Wisconsin, Plaintiff-Respondent, v. Joseph L. MARKS, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided June 20, 1995.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs and oral argument by William J. Chandek, Brookfield.

For the plaintiff-respondent the cause was argued by Stephen W. Kleinmaier, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

WILLIAM A. BABLITCH, J.

During the trial of Joseph L. Marks for burglary, his accomplice, Scott Meyer, who had already pled guilty and had been convicted and sentenced on the burglary charge, invoked his privilege against self-incrimination and refused to testify. The circuit court, declaring Meyer unavailable as a witness, allowed Meyer's prior testimony at Marks' preliminary examination into evidence. The court of appeals agreed, holding that Meyer had a real and...

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