State v. Saunders, 807 N.W.2d 679

Saunders was convicted of burglary and sentenced accordingly; he challenges both trial and postconviction rulings.
The State argued Saunders’ comment about a non-testifying friend Paul did not violate Wis. Stat. § 971.23(8)(a) because no valid alibi notice was filed and Paul could not be an alibi witness.
Saunders testified that he went to Paul's house to pick up items, but Paul was not home, making Paul not a verifiable alibi witness.
During cross-examination and closing, the prosecutor referenced Paul's absence at trial to corroborate Saunders' account.
Saunders later claimed one juror slept during trial and sought an evidentiary hearing; the trial court denied it after trial.
The appellate court held Saunders forfeited the sleeping-juror issue by not raising it at trial and affirmed the conviction and postconviction denial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does § 971.23(8)(a) apply where no alibi notice was filed and Paul is not an alibi witness?	Saunders	Saunders	No applicable; prosecutor's comments not improper.
Did Saunders forfeit his right to an evidentiary hearing on a sleeping juror?	Saunders	State	Yes; failure to raise trial issue forfeited appellate review.

State v. Brown, 260 Wis. 2d 125 (2003 WI) (alibi definition and notice purposes)
State v. Harp, 288 Wis. 2d 441 (2005 WI) (alibi witness distinction)
State v. Burroughs, 117 Wis. 2d 293 (1984 WI) (plain-language alibi notice)
State v. Haynes, 118 Wis. 2d 21 (1984 WI) (alibi witnesses not called; notice requirement)
State v. Selbach, 268 Wis. 538 (1955 WI) (notice in writing mandate)
State v. Ndina, 315 Wis. 2d 653 (2009 WI) (forfeiture/waiver distinction in rights)
State v. Hampton, 201 Wis. 2d 662 (1996 WI) (jury inattentiveness and evidentiary hearing standards)
United States v. Krohn, 560 F.2d 293 (7th Cir. 1977) (gamesmanship in jury issues warning)
State v. Adams, 221 Wis. 2d 1 (Ct. App. 1998) (prosecutor may comment on evidence)