State v. Glenn H. Hale, 2005 WI 7, affirming, as modified, 2003 WI App 238 For Hale: Steven D. Phillips, SPD, Madison Appellate Issue/Holding: Under Crawford v. Washington, 124 S. Ct. 1354 (2004), prior testimony at a codefendant’s separate trial is inadmissible at Hale’s trial, given that the previously testifying witness cannot be located. ¶¶53-58… Read More
d. Former testimony
State v. Paul J. Stuart, 2005 WI 47, reversing unpublished COA opinion; and overruling State v. Paul J. Stuart, 2003 WI 73 For Stuart: Christopher W. Rose Issue: Whether the preliminary hearing testimony of a witness (“John”) – unavailable at trial after refusing to testify at that stage – was admissible under the confrontation clause… Read More