STATE v. O'BRIEN

Nos. 2012AP1769-CR, 2012AP1770-CR, 2012AP1863-CR.

836 N.W.2d 840 (2013)

2013 WI App 97

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.

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.

A nonparty brief was filed by Marcus J. Berghahn of Hurley , Burish & Stanton, S.C. of Madison for Wisconsin Association of Criminal Defense Lawyers, and Kelli S. Thompson , Marla J. Stephens , and Devon M. Lee for the Office of the State Public Defender.

Before BROWN, C.J., NEUBAUER, P.J., and REILLY, J.


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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