Gibbs v. Georgia
Annotate this CaseAppellant Kevin Gibbs was convicted of aggravated assault upon a police officer and other offenses arising out of an encounter he had with a Smyrna police officer in 2013, commencing at a city park. Gibbs was behind the wheel of a car backed into a parking space in a remote area of the park when the officer drove his patrol vehicle into that same parking area. The officer testified at trial that he intentionally placed his vehicle at an angle so that it would not block Gibbs from leaving, and then he exited the patrol vehicle and approached Gibbs’s car. The Georgia Supreme Court found the record revealed that as the officer approached Gibbs’s car, Gibbs stepped on the accelerator, causing the car to lurch forward and strike the officer’s leg. Even after the officer drew his weapon and ordered Gibbs to stop and exit his vehicle, Gibbs again accelerated the car and struck the officer a second time. The officer dove out of the way while firing his weapon. The gunshot shattered the driver-side window and struck Gibbs. Gibbs then sped away from the park, let his passengers out, and then drove recklessly through heavy traffic while being pursued by patrol cars, ultimately colliding with another vehicle before being stopped by the police. One of the State’s witnesses at trial was a nurse at the hospital where Gibbs was admitted for treatment of his gunshot wound after being taken into custody. As part of the routine admitting process, the nurse questioned Gibbs about his medical history and made a written record of certain information he offered in response. The issues this case presented for the Supreme Court’s review was: (1) whether the Court of Appeals erred in determining the nurse’s testimony regarding Gibbs’s statement to her that he had used marijuana on the day of the crimes was admissible as intrinsic evidence; and (2) whether the Court of Appeals erred in determining that Gibbs waived his right to argue that trial counsel was ineffective for failing to object to the testimony regarding his marijuana use because he failed to question trial counsel about that issue at the motion for new trial hearing. The Supreme Court concluded the Court of Appeals erred in its determination that Gibbs waived his right to argue ineffective assistance of counsel, but nevertheless agreed the trial court’s denial of Gibbs’s motion for new trial was properly affirmed.
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