gary june caughron

1978). No abuse of discretion warranting reversal is shown in this case. Of course, no post-hoc pronouncement of competency by the trial court can make up for the fact that counsel was hobbled in his representation of Caughron by the denial of his motion for a Rule 26.2(d) recess. [8] And, no bloody shot-glasses were found at the scene of the crime. In D. Paine, Tennessee Law of Evidence, 611.6 (2nd ed. The trial court also has broad discretion in controlling the course and conduct of the trial. [6] Whatever value there is in maintaining efficiency in the trial of criminal cases (and it is considerable under normal circumstances), efficiency must be assigned a low priority where procedural rights of an accused are at stake. The majority notes that the provisions of Rule 26.2 can be traced directly to Federal Rule of Criminal Procedure 26.2, which in turn was based on the federal "Jencks Act," 18 U.S.C. Sharon was born on 09.01.67. Rule 26.2(a) states: "After a witness has testified on direct examination, the trial court, on motion shall order the attorney to produce, for the examination and use of the moving party, any statement of the witness that is in their possession and that relates to the subject matter concerning which the witness has testified." There was, in short, no violation of Rule 26.2 and thus no error, in the majority's view. These depictions are certainly not pleasant, but they are not shocking or gruesome. On their way to Ann Jones's house April and the Defendant drank alcohol and took drugs. April testified that Caughron entered the house by himself and then summoned her inside. The Defendant taunted the victim, despite her pleading, "Please don't hurt me," and told her she was going to die. memorial page for Mary Ann Caughron (14 Jul 1939-21 Aug 2016), Find a Grave Memorial ID 175889745, citing Memorial Park Cemetery, Memphis, Shelby County . Thus, the majority concludes, the prosecution's "advance production satisfied the State's duty under Rule 26.2 and avoided the needless delay of the trial," and the trial court's decision "to proceed, apparently to allow April Ward to finish her testimony that day" was not an abuse of discretion. 1985). Unlike the government officials in Freeman and Lockett, the state prosecutor here did not physically conceal April Ward. Our examination of the record shows at least five occasions when Defendant objected to the State's questioning of Ward as leading. For this reason, it would be necessary to hold that they constitute "plain error" in order to avoid a finding of waiver on the defendant's part and grant relief on either ground. 16(a)(1)(A). In Ingraldi, by failing to move for a continuance and then thoroughly cross-examining the witness, the defense counsel cured a potential Brady violation. According to Green, the Defendant's childhood had been very unsettled. [1] This new production rule was initially included in Rule 16, which otherwise governs pretrial discovery and inspection, despite the fact that it involved "discovery" during trial and not before. See, e.g., State v. Robinson, 618 S.W.2d 754 (Tenn. Crim. We find no error, although the relevance of this evidence is marginal. Right now Gary is an Owner at Caurhon Gary. Id. App. Its misplacement in Rule 16 caused some confusion. 1999) Court of Criminal Appeals of Tennessee Filed: February 5th, 1999 Precedential Status: Precedential Citations: None known Docket Number: 03C01-9707-CC-00301 Author: Joseph Tipton Download Original Also, the language of T.R.E. He was 79. It is not clearly established in the record that the State violated Rule 16(a)(1)(A); but, if the State did violate the Rule, the Defendant has not shown any actual prejudice caused by failure to comply with the discovery order which would require exclusion of this evidence. The question of competency is a matter for the trial court's discretion. The court found it "grossly unfair" to permit this kind of prosecutorial misconduct, which had "unfairly hampered the defendants' investigation." Defense counsel apparently did not know until he received these documents from the prosecutor that April Ward had made six separate statements to police. It should be noted, however, that perhaps the most ghoulish aspect of April Ward's testimony, to the effect that she and Caughron drank the victim's blood out of shot-glasses as she lay dying nearby, nowhere appears in any of Ward's prior statements,[8] a fact of which counsel may have been totally unaware,[9] since he had not had an adequate opportunity to read and compare all the statements. Statements that Caughron made to friends and associates were incriminating to some extent, but for the most part were brief and ambiguous. (Doc. Although there is no general right to discovery in a criminal trial,[2] the United States Supreme Court has held that "the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution." Gary June Caughron v. State of Tennessee - CourtListener.com Gary June Caughron v. State of Tennessee, 03C01-9707-CC-00301 (Tenn. Crim. Associate Professor . GARY JUNE CAUGHRON. When, in the summer of 1988, Tim McGaha had asked the Defendant if he had committed the murder, Caughron "just smiled." v. Public records show that the phone number (478) 923-6928 is linked to Gary S Caughron, Jennae M Drane. The District Attorney in this case provided defense counsel with April Ward's six statements at 7:15 p.m. on the evening before April Ward's testimony. Atty., Sevierville, for appellee. The jury, which had not begun deliberations, was called in; and the trial judge informed them that he was striking the charge on the first aggravating circumstance and inserting in place of it the instruction that "[t]he murder was especially cruel in that it involved torture or depravity of mind." App. The most Caughron families were found in USA in 1880. Here, as in Hinton, counsel's conduct was not "the product of deliberate and informed decision" but is marked by "inadequate preparation," resulting in the deprivation of the defendant's right to the effective assistance of counsel. Edward was born on May 13 1911, in Obion County, Tn.. Alleen was born on November 17 1912, in Ridgely, Tn.. Another court recognized the potential for a due process violation when the state advised witnesses that they "couldn't or shouldn't" give statements to defense counsel. While the Defendant was staying at her house shortly after the murder, Cruze noticed that he had "an odd toothbrush for a man," a pink brush with a little rubber tip. The Defendant insists that certain testimony of April Ward and her mother, Lettie Cruze, concerning statements made by the victim was inadmissible hearsay. The door had been made available to the defense attorney for examination on January 26, three days before his motion. To ensure against such an interpretation of the opinion in Jencks, the United States Congress enacted 18 U.S.C.A. This is not a statutory aggravating circumstance although it is similar to the circumstance in T.C.A. In Tennessee the right to inspect pretrial statements of a witness called to testify at trial, for the purpose of effectively cross-examining that witness, did not exist prior to the adoption of the Tennessee Rules of Criminal Procedure in July 1978. According to the Advisory Commission Comments: "The language of Rule 26.2 is substantially identical to the language in Rule 26.2 of the Federal Rules of Criminal Procedure. D. Paine, Tennessee Law of Evidence, 103.3 (2d ed. Ogle had been a boyfriend of Teresa Goad, one of the victim's daughters. We do not find that the trial court abused its discretion in refusing to grant Defendant's motion for a continuance. When the trial judge refused to order a recess, as requested pursuant to Rule 26.2(d) or even more reasonably, to adjourn court for the day a mere half-hour earlier than scheduled he did so without justification. No further mention was made of the episode until the next morning, when counsel indicated he would like to address it later that day; but no action was taken until just before the jurors began deliberations, when Van Helton, counsel's assistant, testified that the juror who had made the statement was Roy Hodge, an ex-constable, and that his manner was aggravated and "put out." The State asserts, correctly under T.R.A.P. Gary is related to Gitta E Caughron and Marsha A Caughron. The Defendant avers that the trial court erred in not permitting him to make the final closing argument at sentencing. When defense counsel appeared to be developing this theory by an unnecessarily detailed examination of the forensic scientist, the trial court began interrupting to curtail what it considered irrelevant and unnecessary testimony. Owner: caughron gary & sharon Tax Year: 2016 Tax Amount: $82.32 Total Market Value: $8,400 Sale Price: $55,000 +Edit Past Address 505 Orchard Rd, Hector, AR 72843 View Address +Edit Past Address 7346 Sr 105 N, Russellville, AR 72802 View Address +Edit Past Address Hc 33 Box 17, Tilly, AR 72679 View Address +Edit Personal Details View All These facts undeniably satisfy the definition of depravity of mind in State v. Williams, 690 S.W.2d at 529, and illustrate a "consciousness materially more `depraved' than that of any person guilty of murder." *542 The trial court held him in contempt. In Nichols v. State, 581 So. When it became apparent that Dedrick would not be at trial, defense counsel expressly stated he did not want a continuance because of the stipulation. The next day, the trial judge refused to recess trial following April Ward's testimony on direct examination, despite counsel's representation that he had not had adequate time to review her pretrial statements and was unprepared to cross-examine her. The testimony involving drug use, "satanic" sketches and listening to rock music, while corroborating statements made by the accomplice, should not have been admitted but there is no harmful error under the facts of this record since April Ward's testimony had already presented these features of the Defendant's character. We agree with those circuits holding that a defendant must show that the failure to earlier disclose prejudiced him because it came so late that the information disclosed could not be effectively used at trial." If this were a routine case, and if the majority's description of the problem posed for defense counsel in this case were more complete, one might not quibble with the decision to assign the matter to that legal limbo known as "trial court discretion." The statute, T.C.A. He was also denied discovery of her statements prior to trial, and he was forced to conduct cross-examination of the state's crucial witness without the benefit of adequate preparation. Select this result to view Gary Richard Caughron's phone number, address, and more. The court was also requested to have copies of all these files sealed and filed for any appeal. App. App. The defense sought to show that, despite a thorough and meticulous investigation, there was absolutely no evidence connecting Defendant with the crime scene. Carl R. Ogle, Jr., Jefferson City, for appellant. The sentence will be carried out as provided by law on the 10th day of August, 1993, unless otherwise ordered by this Court or by other proper authority. These factors contribute to what inevitably becomes a subjective assessment of the damage likely to have been done by the state's misconduct. A third inmate, Bobby Floyd, testified that Defendant told him that the victim was a "bitch," who had threatened to "tell some girl's mother how old he was;" that the only evidence police had against him was an article of clothing with blood on it; and that "the only mistake he [had] made was involving April.". The second episode occurred when State's witness Tom Diddly recognized one of the jurors as the owner of the wrecker service that had towed Defendant's car when the witness worked on it. In this case six statements, totaling 64 pages, were given to counsel for overnight study and reflection. See, e.g., Hudgins v. State, 3 Tenn.Cr.App. When she returned to the bedroom, she saw the Defendant striking Jones's back with the pool stick. Blausen Medical is a leading provider of illustration, animation and simulation for Health Care and related industries, providing . Subsection (d) states that the court "may recess proceedings in the trial for the examination of such statement and for preparation for its use in the trial." 2d 1287 (1959). Gary Caughronwas born on 03/07/1955 and is 67 years old. Over 10 years of leadership and team building that collaborate to save . After allowing the Defendant to approach the bench prior to the testimony of Dr. Cleland Blake, April Ward, Jimmy Lynn Huskey, and Lettie Marie Cruze, when the State called witness Robert Yoakum, and defense counsel again approached the bench, the trial court refused to continue to "pre-review" the testimony, told defense counsel to object to questions as they were asked, and promised that it would then rule on the objections.

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