State v. Gillespie

¶ 1. Eric D. Gillespie is charged with felony abuse of a child pursuant to Wis. Stat. § 948.03(2)(b) (2001-02) 1 and misdemeanor battery and disorderly conduct. Gillespie was bound over for trial following a preliminary hearing held before a court commissioner pursuant to Wis. Stat. § 757.69(l)(b). He then sought a "preliminary hearing de novo" in the circuit court on the felony charge. In support of his request for a second preliminary hearing, Gillespie relied on § 757.69(8), which permits the certification of a court commissioner's decision to the circuit court for a de novo hearing. The…