State v. Dwyer

David O. Dwyer (Dwyer) appeals his judgment of conviction for first-degree sexual assault, sec. 940.225(l)(d), Stats., and an order denying post-conviction relief, sec. 809.30(2)(b), Stats. The disposi-tive issue is whether in admitting the victim’s out-of-court statements the trial court denied Dwyer’s constitutional right of confrontation by finding the victim unavailable. Other issues are whether the trial court erred 1) by excluding evidence offered as relevant to the voluntariness and trustworthiness of his confession, and 2) by ruling in limine that, should Dwyer take the stand and…