State v. Zellmer

This is an appeal, on bypass of the court of appeals, from the judgment of conviction of the circuit court for Columbia county, HOWARD W. LATTON, Circuit Judge.

The first question presented in this appeal is: Did the admission at trial of the preliminary hearing testimony of an out-of-state prosecution witness violate the defendant’s confrontation rights or constitute inadmissible hearsay? The second question is: If the testimony was inadmissible, was it harmless error?

Defendant-appellant Randall Zellmer (defendant) was found guilty of injury by conduct regardless of life contrary to sec.…