Varner v. State

Carley, Justice.

Appellant Dwight Varner and his co-defendant Jarmmal Howard were indicted for murder and other offenses. The case proceeded to trial, where each co-defendant’s statement implicating the other was excluded from evidence. However, an exhibit consisting of an investigator’s notes which contained both statements was inadvertently taken to the jury room. During its deliberations, the jury sent a note out asking whether that exhibit had been admitted into evidence, specifically the last page which summarizes what Appellant told the investigator after he was arrested, and whether the…