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State v. O’Brien, 2012AP1769, petition for review granted 12/5/13

Review of a published court of appeals decision; case activity

Issue (composed by On Point)

Wis. Stat. § 970.038 (2011-12) 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. Do these provisions violate a criminal defendant’s constitutional rights to confront adversary witnesses, compel testimony by favorable witnesses, and have the effective assistance of counsel?

Attorney Marcus Berghahn wrote an On Point guest post about the court of appeals decision and what it means for criminal defendants in Wisconsin courts.  So if you’re looking for a terrific, detailed analysis of the issue, click here.

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