State v. Nelson

*401OPINION

Respondent Sean Fuller Nelson was arrested on December 19, 2000, for striking his wife, Sheri Durham, over the head with a liquor bottle, which caused her substantial injuries. On December 21, 2000, Nelson was arraigned on one felony count of battery with the use of a deadly weapon with substantial bodily harm. Due to preexisting health problems, Nelson was released on his own recognizance, and a preliminary hearing was set for January 3, 2001. At the preliminary hearing, the State indicated it was ready to proceed with Durham as a hostile witness. During the hearing, the State moved…