Kirby v. Commonwealth

KELSEY, Judge.

Earl Kruger Kirby, III, killed his wife and buried her in the backyard of their home. Convicted by a jury of first-degree murder and use of a firearm during the murder, Kirby argues on appeal that the trial court committed reversible error by refusing to permit the jury to replay his videotaped confession during deliberations. The videotape had been played at trial while the jurors followed along with a verbatim transcript. We affirm Kirby’s convictions, finding any error by the trial court was harmless under the circumstances of this case.

I

One evening in January 2005, Kirby and…