Gibson v. South Carolina

Petitioner Jacques Gibson was convicted of murder and unlawful possession of a firearm by a person under age 21. He sought the Supreme Court's review of his case when a trial court denied his application for post-conviction relief (PCR). These charges stemmed from a fight between two groups at a bar. Shortly after petitioner arrived to pick up his brother Adams, a dispute that began inside the bar spilled out into the parking lot and became a physical altercation between numerous members of each group. During the melee, several gunshots were heard, and the victim was killed by a single nine-millimeter shot to the back of his shoulder. There was evidence, including a statement petitioner gave to police, that petitioner retrieved his gun from his car, pointed his gun at another person he suspected was going to hit Adams, and subsequently fired his gun into the air three to four times as he drove away from the scene. When asked whether he believed he may have shot the victim, petitioner responded, "I think that I did, because I was doing some shooting, but I didn't just look at him and shoot him. . . . the gun could have dropped down because I was driving. I promise I don't remember seeing him and aiming." Trial counsel objected to the charge as a comment on the facts, but did not object to the trial judge's failure to use the permissive inference language approved in "Georgia v. Elmore." Petitioner contended in his PCR application that trial counsel was ineffective in failing to object to the charge. The Supreme Court reversed and remanded for a new trial, finding that the PCR judge erred in finding there was evidence of malice other than the use of a deadly weapon. View "Gibson v. South Carolina" on Justia Law