Gibbs v. State

Summary

The Nevada Supreme Court held that the district court abused its discretion by admitting a recorded call between Gibbs and a defense investigator because the record did not establish waiver of attorney-client privilege. Neither Gibbs's violation of jail telephone policies nor his use of a three-way call, without evidence that the intermediary remained present, established waiver. The error was not harmless beyond a reasonable doubt because the recording directly undermined Gibbs's mistaken-identity defense, so the conviction was reversed and the case remanded for a new trial.