State v. Charles E. Butts

¶ 1. The petitioners, Martin and Kathleen O'Brien and Charles Butts, seek *763review of a published court of appeals decision that affirmed the circuit courts' determinations that the use of hearsay at the petitioners' preliminary examinations was constitutionally permissible.1

¶ 2. On review, petitioners assert that the newly enacted Wis. Stat. § 970.038 (2011-12),2 which permits hearsay evidence at preliminary examinations, violates their constitutional rights. Specifically, they argue that the rights to confrontation, compulsory process, effective assistance of counsel, and due process are…