Gibson v. State
Annotate this CaseDefendant was convicted of malice murder and other crimes arising out of the shooting death of his wife. Defendant appealed from the denial of his motion for a new trial. The court held that the evidence was sufficient to authorize a rational trier of fact to find defendant guilty beyond a reasonable doubt of the crimes for which he was convicted. The court also held that the trial court did not err by concluding that the search of defendant's residence was authorized due to exigent circumstances and the challenged evidence was admissible at trial. The court further held that the trial court did not abuse its discretion by holding that a witness's testimony about the victim's statements bore sufficient indicia of trustworthiness to be admissible under the necessity exception to the hearsay rule; that contrary to defendant's assertion, it followed that courts were under no obligation to place a defendant's decision whether to testify on the record and it was not error for the trial court to fail to do so here; that there was no error in the trial court's removal of a juror after concluding the juror slept through the presentation of portions of the evidence; and that defendant received effective representation of trial counsel.
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