Calvin Gibson a/k/a Fernandis v. State of Mississippi

Summary

The court held that the trial court did not conduct an adequate speedy-trial inquiry because it judicially noticed a medical-examiner backlog without requiring proof that the backlog caused the delay in this case. It also held that extensive investigative hearsay, improper use of an unavailable declarant's unsworn statement for impeachment and as substantive evidence, and prosecutorial misstatements during closing argument prejudiced Gibson. The convictions were reversed and the case was remanded for a new trial, with a proper speedy-trial hearing required initially.