State v. O'Brien

¶ 1. The newly enacted Wis. Stat. § 970.038 (2011-12)1 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. We accepted these consolidated interlocutory appeals to consider whether 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.

¶ 2. Because the purpose of a preliminary…