Gibbs v. State

Summary

The court held that the recorded call between Gibbs and a defense investigator was protected by attorney-client privilege because using another detainee’s access code did not itself establish waiver, and routing the call through a third party was insufficient absent evidence that the third party remained present or participated. The court further held that admitting the privileged communication was not harmless beyond a reasonable doubt because it undermined Gibbs’s mistaken-identity defense and the State’s evidence was not overwhelming. The judgment of conviction was reversed and the case was remanded for a new trial.