STATE of Wisconsin, Plaintiff-Respondent,
v.
Martin P. O'BRIEN, Defendant-Appellant.
State of Wisconsin, Plaintiff-Respondent,
v.
Kathleen M. O'Brien, Defendant-Appellant.
State of Wisconsin, Plaintiff-Respondent,
v.
Charles E. Butts, Defendant-Appellant.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Submitted on Briefs May 2, 2013.
Opinion Filed July 17, 2013.
Attorney(s) appearing for the Case
On behalf of the defendant-appellant Martin O'Brien, the cause was submitted on the joint briefs of Kathleen B. Stilling and Jerome F. Buting of Buting , Williams & Stilling, S.C. of Brookfield. On behalf of the defendant-appellant Kathleen O'Brien, the cause was submitted on the joint briefs of Pamela Moorshead of Pamela S. Moorshead, S.C. of Glendale.
On behalf of the plaintiff-respondent, the cause was submitted on the brief of Jeffrey J. Kassel , assistant attorney general, and J.B. Van Hollen , attorney general.
Before BROWN, C.J., NEUBAUER, P.J., and REILLY, J.
Court of Appeals of Wisconsin.
BROWN, C.J.
¶ 1 The newly enacted WIS. STAT. § 970.038 (2011-12)1 makes hearsay evidence admissible at a criminal defendant's preliminary examination and permits the probable cause determination and bindover decision at a preliminary examination to be based "in whole or in part" on hearsay evidence. We accepted these consolidated interlocutory appeals to consider whether these provisions...
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