Gibson v. State, 288 Ga. 617

Gibson was convicted by a jury of felony murder, armed robbery, and possession of a firearm during the commission of a crime for a Kwik Way store robbery where the clerk, Patel, was killed.
Evidence included Gibson’s fingerprints, the cash register, shell casing, and a gun recovered; Gibson later directed police to the gun and pistol grip; Grant testified Gibson admitted shooting Patel.
During deliberations, jurors requested all evidence through exhibit 72; the court refused to provide all exhibits, citing potential harm and the need to avoid retrial.
The trial court stated some evidence was 'disadvantageous' to have in the jury room and referenced potential appellate review, implying outcomes if errors occurred.
Gibson argued the court’s remarks violated OCGA § 17-8-57 by intimating an opinion on guilt and by referencing appellate review; the Court of Appeals reversed, finding reversible error.
The Georgia Supreme Court reversed the conviction, holding that the trial court’s statements were reversible error and directing reversal of the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court's reference to appellate review during jury deliberations was reversible error	Gibson	Gibson	Yes, reversible error requiring reversal

Faust v. State, 222 Ga. 27 (1966) (reversible error when trial court mentions appellate review)
Walker v. State, 255 Ga. 251 (1985) (distinguishes Faust on waiver and non-objected, inadvertent references)
Mitchell v. State, 22 Ga. 211 (1857) (caution against references to power of reviewing courts)
Bryant v. State, 197 Ga. 641 (1944) (admonition against references to the Supreme Court; warning of error)
Price v. State, 149 Ga. App. 397 (1979) (warning about statements implying appellate outcomes)
Patel v. State, 282 Ga. 412 (2007) (reversal when judge intimates guilt under OCGA § 17-8-57)