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STATE v. O'BRIEN

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

850 N.W.2d 8 (2014)

2014 WI 54

STATE of Wisconsin, Plaintiff-Respondent, v. Martin P. O'BRIEN, Defendant-Appellant-Petitioner. State of Wisconsin, Plaintiff-Respondent, v. Kathleen M. O'Brien, Defendant-Appellant-Petitioner. State of Wisconsin, Plaintiff-Respondent, v. Charles E. Butts, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided July 9, 2014.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner Charles E. Butts, there were briefs by Terry W. Rose and Rose & Rose, Kenosha, and oral argument by Terry W. Rose.

For the defendants-appellants-petitioners Martin P. O'Brien and Kathleen M. O'Brien, there were briefs by Jerome F. Buting and Buting, Williams & Stilling, S.C., Brookfield; and Kathleen M. Quinn , Milwaukee. Oral argument by Jerome F. Buting.

For the plaintiff-respondent, the cause was argued by Jeffrey J. Kassel , assistant attorney general, with whom on the brief was J.B. Van Hollen , attorney general.

An amicus curiae brief was filed by Marcus J. Berghahn and Hurley, Burish & Stanton, S.C., Madison; and Devon M. Lee , assistant state public defender, on behalf of the Wisconsin Association of Criminal Defense Lawyers and Wisconsin Office of the State Public Defender.

ANN WALSH BRADLEY, J.

¶ 1 The petitioners, Martin and Kathleen O'Brien and Charles Butts, seek review of a published court of appeals decision that affirmed the circuit courts' determinations that the use of hearsay at the petitioners' preliminary examinations was constitutionally permissible.1

¶ 2 On review, petitioners assert that the newly enacted Wis. Stat. § 970.038 (2011-12),2 which...

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