Gibson v. State

Edward Lewis Gibson appeals his conviction and sentence for first degree murder with a firearm. He argues that the trial judge erred in depriving him of his constitutional right to testify and in overruling his hearsay objection to the admission of a text message sent from his cell phone. We find no error in admission of the text message, but we reverse and remand for a new trial because the trial court improperly denied appellant’s timely request to reopen his case to testify.

Appellant was charged by indictment with the first degree murder of Douglas Frasier, Jr., whose severely decomposed…