Gibson v. McBride

This is an appeal by Thomas McBride, Warden, Mount Olive Correctional Facility (“Appellant”), from an order entered in the Circuit Court of Cabell County, West Virginia, on May 10, 2006. In that order, the circuit court set aside the conviction and sentence of Gary Allen Gibson (“Defendant”) for conspiracy to commit murder. Upon careful review of the briefs, record, arguments of counsel, and applicable precedent, this Court is of the opinion that Defendant’s constitutional right to a fair trial was violated when the trial court allowed key witnesses for the State, who were incarcerated at the…