Justice LOHR delivered the Opinion of the Court. The defendant, Terry Dwayne Gibbens, was tried by a jury and convicted of aggravated incest against his son. On appeal, the Colorado Court of Appeals concluded that the trial court erred in admitting into evidence a tape recorded conversation involving the defendant, the boy, and the boy’s mother. People v. Gibbens, No. 92CA1804 (Colo.App. May 12, 1994…
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