[DOWNLOAD] "People V. Gibbens" by Colorado Supreme Court " Book PDF Kindle ePub Free

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eBook details

• Title: People V. Gibbens
• Author : Colorado Supreme Court
• Release Date : January 06, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

The defendant, Terry Dwayne Gibbens, was tried by a jury and convicted of aggravated incest against his son. On appeal, the Colorado Court of Appeals concluded that the trial court erred in admitting into evidence a tape recorded conversation involving the defendant, the boy, and the boy's mother. People v. Gibbens, No. 92CA1804 (Colo. App. May 12, 1994) (not selected for publication). The court of appeals reversed the judgment and remanded the case for a new trial. We granted certiorari to determine whether the court of appeals erred in reversing the trial court's ruling that the tape was admissible pursuant to CRE 403 because its probative value outweighed the danger of unfair prejudice. We hold that the trial court did not abuse its discretion in admitting the tape into evidence. We therefore reverse the judgment of the court of appeals and remand the case to that court with directions to reinstate the trial court's judgment of conviction. I. Facts and Procedural History

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