Miller v. State

Juror's notes are not subject to a continuing witness objection as the trial court has discretion to authorize jurors to take notes during a trial and refer back to them during deliberations.

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Following a jury trial, Kenny Miller was convicted on one count of robbery. On appeal, Mr. Miller challenges his conviction on the ground that the trial court erroneously authorized the jurors to compare and discuss the notes they had taken during the course of the trial while deliberating his fate. We find no error and affirm his conviction. On appeal from a criminal conviction, we review the evidence in the light most favorable to the verdict, “giving deference to the jury’s determination on the proper weight and credibility to be given the evidence.”1 So viewed, the evidence showed that on the evening in question, the victim, an elderly woman, was leaving an H&R Block store when a juvenile in a white-hooded sweatshirt grabbed her purse containing $1,600, jumped into the passenger seat of a red vehicle, and then fled the scene. The victim observed and then reported the license-plate number of the getaway vehicle to the police. A subsequent investigation revealed that this vehicle was registered to Mr. Miller’s mother and that Miller was driving the car at the time of the robbery. Mr. Miller, a juvenile, and a third individual were later arrested and charged with robbery and conspiracy to commit robbery. The juvenile —who had already entered a guilty plea in juvenile court —testified against Mr. Miller and implicated him as his co-conspirator in the crime.2 Mr. Miller was ultimately found guilty.

Mr. Miller’s sole contention on appeal is that the trial court erred in instructing the jurors “to collectively share their ideas and share their notes taken during the course of the trial” while deliberating his fate. Specifically, he argues that this instruction violated the continuing-witness rule, which allows litigants to object to certain written evidence going into the jury room on the ground that “it is unfair and places undue emphasis on written testimony for the writing to go out with the jury to be read again during deliberations, while oral testimony is received but once.”3

Miller v. State

Juror's notes are not subject to a continuing witness objection as the trial court has discretion to authorize jurors to take notes during a trial and refer back to them during deliberations.

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