People v. Gibbens

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…