State v. Shillcutt

This is a review of a decision of the court of appeals1 affirming an order of the circuit court for Winnebago county, Honorable Robert A. Hawley, Circuit Judge, denying the defendant’s motion for a new trial. Three issues are presented on this review: (1) Is a juror’s statement during jury deliberations that the trial court found “could be characterized as a racial slur” competent evidence under sec. 906.06(2), Stats., 1981-*7901982 ;2 (2) does the juror’s comment made in this case require reversal of the conviction as a matter of fundamental fairness; and (3) does a denial by this court of a…