State v. Brent T. Novy

¶ 55. (concurring). I write separately for two reasons. First, I disagree with the majority opinion's interpretation and application of Wis. Stat. § 971.23 to the undisputed facts in the present case. Second, I disagree with the majority opinion's approach to the second issue, namely the allegedly sleeping juror.

I

¶ 56. The majority opinion does not address the difficult issue of law facing the court, namely interpreting and applying the text of Wis. Stat. § 971.23 to the undisputed facts of the case. The majority opinion carefully reprints the text of the statute but then ignores the words…