State v. Charles E. Butts

¶ 63 (dissenting.) The majority opinion and the parties focus on the constitutionality of Wis. Stat. § 970.038, which was enacted in 2011.1 They address whether § 970.038 violates the defendant's confrontation rights under the United States and Wisconsin Constitutions. The majority opinion and the parties recognize, however, that the legislature has accorded defendants rights in preliminary examinations under Wis. Stat. § 970.03(5). This statute was enacted in its current form in 1969.2

¶ 64. I conclude that the admission of hearsay evidence under new Wis. Stat. § 970.038 should be interpreted…