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State v. Brent T. Novy, 2012 WI App 10, petition for review granted 6/13/12

on review of published decision; for Novy: Bridget E. Boyle; case activity

Rebuttal – Evidence Excluded from Case-in-Chief for Discovery Violation / Sleeping Juror 

Issues (Composed by On Point) caution: issue-identification necessarily speculative; check case activity link after briefs filed for verification of issues

1. a) Whether evidence ruled inadmissible during the State’s case-in-chief as a sanction for violating discovery rules is thereby rendered inadmissible at all stages, including rebuttal. b) Whether the witness in question was a “bona fide rebuttal witness” or was merely addressing a “collateral” matter.

Fuller discussion at the prior post, which won’t be repeated here. Novy may also have sought review on his “sleeping juror” issue – whether a juror may be “removed for nodding off during closing arguments.” As suggested, check the briefs at the case activity link if you’re interested in this issue.

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