State v. La Fernier

This ease concerns the application of sec. 885.31, Stats. 2 The application of this statute and the use or effect of the statute in criminal cases is directly related to the confrontation clause of both the United States Constitution 3 and the Wisconsin Constitution. 4

The state contends that the requirements of Sec. 885.31, Stats., were met in the instant case since all that must be shown is that the witness is absent from the state, and when that showing is made, the trial court has no discretion to exercise concerning the admission.

The defendant argues that the state must show that the…