State v. Bauer
In State v. Bauer, 109 Wis. 2d 204, 215, 325 N.W.2d 857 (1982), the Court announced the standard to be applied in determining whether hearsay evidence is admissible in a criminal case:
"The threshold question is whether the evidence fits within a recognized hearsay exception. If not, the evidence must be excluded. If so, the confrontation clause must be considered. There are two requisites to satisfaction of the confrontation right. First, the witness must be unavailable. Second, the evidence must bear some indicia of reliability. If the evidence fits within a firmly rooted hearsay exception, reliability can be inferred and the evidence is generally admissible. ... If the evidence does not fall within a firmly rooted hearsay exception, it can be admitted only upon a showing of particularized guarantees of trustworthiness."