State v. Unnamed

HEFFERNAN, CHIEF JUSTICE.

This is a permissive appeal of an order of the circuit court, denying a motion to dismiss a criminal complaint issued after a John Doe proceeding under sec. 968.26, Stats. The court of appeals certified the appeal to this court pursuant to sec. (Rule) 809.61. We accepted the certification. We affirm Judge Danforth's order.

This case presents the question of whether sec. 968.26, Stats.,1 the John Doe criminal proceeding provision, violates the constitutional doctrine of separation of powers.

This case arose as follows. The complainant alleged that she was sexually…