State v. Novy

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After a jury trial, Defendant was convicted of stalking, bail jumping, and violating a harassment injunction. Defendant appealed, contending (1) the trial court erred when it allowed the State to use certain fingerprint evidence and related testimony in rebuttal, which the court had previously excluded from the State's case-in-chief due to a discovery violation; and (2) he was deprived of his right to a fair trial by an impartial jury because, he claimed, one of the jurors was sleeping during a portion of defense counsel's closing argument. The court of appeals affirmed. The Supreme Court affirmed, holding that the circuit court (1) properly exercised its discretion in permitting the rebuttal use of the fingerprint evidence and related testimony; and (2) did not clearly err in finding that the juror was not sleeping and in therefore concluding that Defendant failed to establish a finding necessary to his contention. View "State v. Novy" on Justia Law