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STATE v. STUART

No. 01-1345-CR.

262 Wis.2d 620 (2003)

2003 WI 73

664 N.W.2d 82

STATE of Wisconsin, Plaintiff-Respondent, v. Paul J. STUART, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided July 1, 2003.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs by Christopher W. Rose and Rose & Rose, Kenosha, and oral argument by Christopher W. Rose.

For the plaintiff-respondent the cause was argued by Jeffrey J. Kassel, assistant attorney general, with whom on the brief was Peggy A. Lautenschlager, attorney general.

¶ 1. JON P. WILCOX, J.

This case comes before the court on certification from the court of appeals pursuant to Wis. Stat. (Rule) § 809.61 (1999-2000). The overriding issue requiring our examination is whether a previous order entered by the court in this case establishes the "law of the case."

¶ 2. The legal questions raised here revolve around the propriety of admitting a witness's preliminary hearing testimony in a criminal trial. In February...

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