Miller v. State
307 Ga. App. 598
Ga. Ct. App.2011Background
- Miller was convicted of robbery after a jury trial in Georgia.
- The victim observed a juvenile in a white-hooded sweatshirt grab her purse and flee in a red vehicle.
- Police linked the getaway vehicle to Miller's mother and Miller was driving when the robbery occurred.
- A juvenile co-defendant testified and implicated Miller as a co-conspirator; the juvenile had pleaded guilty in juvenile court.
- Miller argues the trial court erred by allowing jurors to collectively discuss and share notes taken during trial during deliberations.
- The trial court’s note-sharing directive was challenged under the continuing witness rule.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether juror note discussion violated the continuing witness rule | Miller asserts the directive improperly allowed notes to go to deliberations. | State contends notes are not protected by the continuing witness rule and may be shared among jurors. | No error; notes not within continuing witness rule. |
Key Cases Cited
- Burden v. State, 296 Ga.App. 441, 674 S.E.2d 668 (2009) (standard for jury note handling)
- Davis v. State, 285 Ga. 343, 676 S.E.2d 215 (2009) (continuing witness rule applicability)
- Sims v. State, 275 Ga.App. 836, 621 S.E.2d 869 (2005) (continuing witness rule limits)
- Varner v. State, 297 Ga.App. 799, 678 S.E.2d 515 (2009) (waiver of continuing witness objection)
- Denson v. State, 149 Ga.App. 453, 254 S.E.2d 455 (1979) (jurors may take and refer to notes)
- Potts v. State, 259 Ga. 96, 376 S.E.2d 851 (1989) (notes during deliberations permitted)
- Thomas v. State, 90 Ga. 437, 16 S.E. 94 (1892) (early authorization of juror note-taking)