Respondent filed a reply in support of his motion on June 27, 2017 (Doc. The State asserts, correctly under T.R.A.P. 1978). Although the trial court told defense counsel that he could explore this situation "later at a proper time," counsel never did so. Gary J. Aguirre - Wikipedia Where a juror is not legally disqualified or there is no inherent prejudice, the burden is on the Defendant to show that a juror is in some way biased or prejudiced. ROY CAUGHRON Obituary (2013) - Knoxville, TN - Knoxville News Sentinel Although the duty of the trial court to order a recess under subsection (d) is couched in permissive terms, the federal cases make it clear that failure to permit counsel reasonable time for review constitutes error. Citing State v. Pritchett, 621 S.W.2d 127, 139 (Tenn. 1981), in which the victim died instantaneously from the first gunshot fired, the Defendant argues that the record does not support a finding that the Defendant tortured the victim before her death. 1985); State v. Hardin, 691 S.W.2d 578, 581 (Tenn. Crim. He was an avid hunter and enjoyed making walking sticks. Edward was born on May 13 1911, in Obion County, Tn.. Alleen was born on November 17 1912, in Ridgely, Tn.. The government showed him all statements except the one in which the companion admitted the actual killing. Likewise, in State v. Williams, 690 S.W.2d 517, 525 (Tenn. 1985), this Court held that "when the reliability of a witness may well *548 be determinative of guilt or innocence, the non-disclosure of evidence affecting his credibility may justify a new trial, regardless of the good faith or bad faith of the prosecutor." The statements here were produced the evening before direct and cross-examination took place the following afternoon. Supreme Court of Tennessee, at Knoxville. Dr. Madeline Pareau, a clinical psychologist, testified that Defendant's full IQ was 78, "just a little above mentally retarded classification." Like the Tennessee rule, the Jencks Act and the federal rule require not only that the defendant be furnished with the prior statements of witnesses following direct examination, but also that defense counsel be afforded a reasonable opportunity to examine those statements and prepare for cross-examination based on their contents. See State v. West, 767 S.W.2d 387 (Tenn. 1989); State v. O'Guinn, 709 S.W.2d 561 (Tenn. 1986); State v. Alley, 776 S.W.2d 506 (Tenn. 1989). Byrnes v. United States, 327 F.2d 825, 832 (9th Cir.1964). Had the attorney done voluntarily what he was forced to do by the trial court in this case, there can be little doubt that he would be subject to a charge of incompetency and found to have rendered ineffective assistance of counsel much like the attorney in United States v. Hinton, supra, who opted to review a witness's statement while direct examination of that witness was being conducted. [4] As to the remainder of Rule 26.2, subsections (b) and (c) set out the procedure for determining whether the entire statement of a witness, or only part of it, is producible; subsection (f) requires application of the rule to pretrial hearings in the criminal court; and subsection (g) defines what constitutes a statement under the rule. State v. Melson, 638 S.W.2d 342, 359 (Tenn. 1982). Leadership role overseeing approximately 40 technicians in a fast paced environment. State v. Taylor, 771 S.W.2d 387, 391 (1989). Krilich v. United States, 502 F.2d 680 (7th Cir.1974). The Defendant next avers that the trial court erred in unduly restricting his direct examination of T.B.I. Gary June Caughron - Sex Offender in Mountain City, TN 37683 - TN00122094 Grady B Caughron (1919 - 2007) - Johnson City, TN When Bentley had asked the Defendant why he wanted to paint the car, Caughron replied, "Well, the lady that got killed, somebody might recognize it and I need to paint it. When, later that day, the state called April Ward as its fourth witness, Ogle told the trial judge that he had had time to review only one of April's statements and asked that trial be adjourned until the next morning to permit him to examine the rest of her statements before she testified. His aunt testified that, on the Friday night after he bought a green and white Oldsmobile, he came to his grandmother's house around 11 or 12 o'clock and went to bed. Again defense counsel indicated he would address any problem later but apparently failed to do so. [1] T.C.A. Arterburn v. State, supra, 391 S.W.2d at 657; State v. Braggs, 604 S.W.2d 883, 886 (Tenn. Crim. The testimony concerning the pool stick, the table cloth material, and slapping women on the buttocks was relevant to connect Defendant to this crime and corroborate the accomplice's testimony. He was preceded in death by his parents Harmon and Alma Caughron, sisters Pauline,. 2d 1103 (1957). 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." 1990). Hence, courts have suggested that both the Sixth Amendment's right to compulsory process, Id., and the right to confrontation are implicated in the violation of the procedural guarantees of Rule 26.2. Facebook gives people the power to. John Wesley Caughron in MyHeritage family trees (Caughron Web Site) John Wesley Caughron in MyHeritage family trees (Hudson-Good Family) view all Immediate Family William B Caughron father Eliza A Caughron mother Elizabeth Ann Morris sister Emily Frances Wood sister Sarah Isabell Gooch sister Robert Lee Caughron brother Martha Jane Littleton sister I conclude, to the contrary, that the combined action of the police, the prosecutors, and the trial judge operated effectively to deprive the defendant of his right to due process.[1]. April 29Los Angeles, CALong Story Short: Willie Nelson 90 at the Hollywood Bowl (SOLD OUT) April 30Los Angeles, CALong Story Short: Willie Nelson 90 at . Wharton on Criminal Procedure. See State v. Melson, 638 S.W.2d 342, 368 (Tenn. 1982), cert. 2d 856 (1982), a state trooper instructed three witnesses, the correctional *547 officers present after a prison assault, not to discuss the case with the defense attorney. Caughron told another prisoner, Roy Haynes, that on the night of the murder, he and his girlfriend had driven to a house on Cove Road or Cove Mill Road (the victim lived on Cole Drive) in Pigeon Forge and that from that point "he couldn't remember nothing he was so messed up on cocaine." The record reveals, however, that the court was in the habit of telling the jurors that they did not have to look at potentially distasteful physical evidence, such as the cloth that had bound the victim, when it was passed to them. Sometime after court adjourned at 7:15 p.m., the district attorney handed defense counsel a package containing the pretrial statements of all prospective witnesses for the state, including April Ward. At least one state court has applied harmless error analysis to the violation of production rule. Top recordings of the year were Tommy Dorsey's "I'll Never Smile Again" (vocal Frank Sinatra) - 12 weeks at the top, Bing Crosby's "Only Forever" - 9 weeks at the top, and Artie Shaw's "Frenesi" - 12 weeks at the top. In this case the proof vividly shows that this murder involved both torture and depravity of mind. There was, in short, no violation of Rule 26.2 and thus no error, in the majority's view. 1973). Troy Gene Caughron (1933-2014) - Find a Grave Memorial PDF Supreme Court of Tennessee State List for Permission to Appeal Style The admission of expert testimony is largely in the discretion of the trial judge. Examination of the scene of the crime revealed that the door to the bedroom where the body was found had been forced open. April testified that she then hit the victim in the head two times. Harold Stoffell, a minister, testified that the Defendant had accepted the word of God, was respectful and was "the finest young prisoner I've ever saw." John Wesley Caughron (deceased) - Genealogy The record reflects that the state relied on it in arguing aggravating circumstances during the penalty phase of the proceedings. In any event, the proof shows that in addition to inflicting the head injuries, the Defendant tied Ann Jones to the bed, attempted to rape her (probably anally), beat her with a pool stick, slapped her buttocks so hard that an imprint of his hand was left on her skin, gagged and strangled her, and drank her blood after smearing it on himself and his accomplice, with whom he had sex as the victim lay dying nearby. Also, the point that Defendant wished to make, i.e., that the footprint on the door was not Defendant's, was explored during the testimony of Sandra Lee Paltorah, a forensic scientist at the T.B.I. 431, 438 (N.D.Ohio 1973), the court reviewed an order requiring the government to show cause why it should not make a witness's prior statements available to the defense before trial. Some of the questions objected to were leading, some were not. April also said that she had told the Defendant what Jones had done. In judging whether a defendant has been denied due process by the state's directive to a potential witness not to talk to defense counsel, the courts use an analysis much like that used in Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. In this case, prejudice is clear. Hence, I respectfully dissent from the majority opinion. App. The remainder may then be disclosed at trial under the provisions of Rule 26.2(a).". A purse and its contents lay strewn in the hall. 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. We are in agreement with the conclusion of the trial judge that Ward's testimony, as it related to the victim's statements, was not hearsay inasmuch as it was not offered to prove the truth of the matter asserted. The Defendant asserts that Phillips' recantation is a lie, pointing out that no reward was being offered on July 15, 1987. Nevertheless, if defense counsel had been given an opportunity to make effective use of the material, that is, time to review those contradictory statements and time to prepare for April Ward's cross-examination based on what was contained in those statements, the due process problem in this case might have been avoided. Obviously, the error in this case could not be considered harmless under any of the foregoing formulations. 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. [Emphasis added.] When Robert Yoakum, Cruze's boyfriend, teased the Defendant about the blood, Caughron told him that "a bitch had hit him in the head with a beer bottle." 2d 983 (1983). The family will celebrate Mr. Caughron's life 11:30 a.m. Wednesday, June 2, 2010, at Woodberry Forest School's Johnson Stadium with Joe Coleman officiating. See, e.g., Freeman v. State of *546 Georgia, 599 F.2d 65, 69 (5th Cir.1979), cert. The first such testimony objected to by Defendant was that of April Ward, to the effect that she was upset with Jones because of a conversation that Jones had had with her mother; that she was mad at Jones because "no one approved of us on the porch"; and that she hurt Jones because she hated her for going to her mother and trying to separate her from the Defendant. He raises numerous issues in this appeal; but, after careful review of the entire record and the law, we find these issues to be without merit. The police department and the district attorney's office clearly understood April Ward's significance as a prosecution witness. Obituaries - Los Angeles Times But this is not a routine case it is a capital case, one in which the defendant was ultimately sentenced to execution, based entirely on the testimony of 16-year-old April Ward, an accomplice who had given police a total of six contradictory statements, all of which had been systematically withheld from defense counsel despite legitimate efforts, both informal and formal, to obtain them prior to and at the time of trial. The trial court also has broad discretion in controlling the course and conduct of the trial. Associate Professor . Sharon currently resides at 966 Pinkney Rd, Kenly, NC. 16(a)(1)(A). Gary June Caughron Registration Details Last Known Address: NECX PO 5000, MOUNTAIN CITY, TN 37683 Gary June Caughron - Registered Sex Offender Criminal Record of Gary June Caughron DOB: 1961-07-28 Race: White Sex: Male Eyes: Hazel Height: 5 ft 4 in Hair: Black Weight: 180 lbs. Knoxville, Tennessee. The Defendant complains that the court should not have allowed TBI Agent David Davenport and Detective Kenny Bean to testify about Defendant's attempted suicide because information about the attempt was part of a statement made by the Defendant but not supplied to the defense as required by T.R.Cr.P. The record in this case indicates that despite the defendant's timely motion for disclosure, the prosecutor did not produce the inconsistent statements of April Ward, *549 the key witness for the state, until the night before she testified at trial. D. Paine, Tennessee Law of Evidence, 103.3 (2d ed. This request was denied, and April Ward's direct examination followed immediately. 601, see also T.C.A. State v. Elliott, 703 S.W.2d 171, 176 (Tenn. Crim. When the trial judge responded *552 that he was "powerless to require the Attorney General to do something the rules and the law do not require," that is, to order early production of the statements, Ogle made the following, thoroughly reasonable response: The trial judge denied defense counsel's request for a recess on the ground that the "material is not that complex. Under caselaw interpreting this statute, discovery of statements by witnesses other than the defendant was not permitted. MG100 Coach. Casey Caughron - Manager, IT Operations - WaterOne | LinkedIn She said that he had been in special education classes, where he had done well. Gary was born in Nevada, Mo., on Oct. 11, 1963, to Robert and Elizabeth (Wolf) Caughron. Michael Caughron was born on 09/19/1963 and is 59 years old. The court in the present case, however, was unusually active in directing the form that questioning should take. 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." 1991), the Alabama Court of Criminal Appeals reversed a conviction after the district attorney sent letters to prospective witnesses asking them not to discuss the case without a government attorney present. Without any realistic gauge with which to measure the extent of prejudice to the defendant as a result of the due process violations apparent in this record, I conclude that the only appropriate relief is to grant the defendant a new trial, at which the defense will have the benefit of the discovery and disclosure that it should have had prior to and during the first trial. denied, 396 U.S. 865, 90 S. Ct. 143, 24 L. Ed. No hearsay was involved. For example, in Kines v. Butterworth, 669 F.2d 6 (1st Cir.1981), cert. 2d 104 (1972); United States v. Bagley, 473 U.S. 667, 105 S. Ct. 3375, 87 L. Ed. In United States v. Darwin, 757 F.2d 1193 (11th Cir.1985), the Eleventh Circuit faced a situation in which the government had disclosed impeachment evidence after a witness had testified. The trial court laid the blame for this predicament on the defendant's attorney. The boot print on the victim's bedroom door established that someone other than the defendant had kicked in the door. Maryanne Garon - Associate Professor - LinkedIn The court stated: Id. See generally Baxter v. Rose, 523 S.W.2d 930, 936 (Tenn. 1975). The Goldberg court cited with approval Justice Brennan's dissenting opinion in Rosenberg v. United States, 360 U.S. 367, 373, 79 S. Ct. 1231, 3 L. Ed. After further discussion, during which the prosecution argued against further delay, the trial judge finally allowed counsel a ten-minute recess, which actually stretched into 16 minutes. Because the original Jencks opinion was founded on the United States Supreme Court's supervisory powers, and not on constitutional grounds, a denial of that right does not, per se, result in constitutional error. The verdict and judgment are supported by material evidence, and the sentence of death is in no way arbitrary or disproportionate. Search Local Arrest Records Over the Defendant's objection the trial court allowed the State to recall the victim's daughter, Christy Jones Scott, to testify that her mother owned a collection of shot glasses and a pink Oral B toothbrush. Gina Caughron in TN - Address & Phone Number | Whitepages The City Council last year officially declared June to be Pride Month in Solvang, and the town, just a few years ago, had a gay mayor. For persons dying between 1940-1997, you can order a copy of the death certificate via Ancestry.com for a fee. To contact Judy, send them an email at judy.caughron@aol.com Lettie Marie Cruze, April's mother, testified that she had sold the Defendant a silver ring with turquoise and coral inlay and a thunderbird design. 608 and 609, the trial court is given broad discretion in the timing of its decisions on the admissibility of evidence. 373 U.S. at 84, 83 S. Ct. at 1195. CAUGHRON, ROY W. - age 54, of Sevierville, passed away Friday, January 11, 2013. denied, 444 U.S. 833, 100 S. Ct. 65, 62 L. Ed. Gary Robert Caughron was born on month day 1933, at birth place, Missouri, to Edward Wright Caughron and Alleen Inez Caughron (born Long). We are of the opinion that this senseless, and brutal killing clearly warrants the imposition of the death penalty. April said that the Defendant tightened the terry cloth strip around Jones's neck, causing the victim to gasp. Furthermore, there was no reversible error, if any, in failing to sustain the Defendant's objections since prejudice is not clearly shown. 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 . 264, 195 So. 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. Gary J. Aguirre is an American lawyer, former investigator with the United States Securities and Exchange Commission (SEC) and whistleblower . The first was his aunt, Gladys Green, who told how his mother and father had divorced when the Defendant was three or four years old. Detective Bean did testify that on August 25, 1988, when he asked Defendant why he attempted to kill himself after Davenport had initially talked with him about Jones's murder, Defendant replied that he was depressed and had a lot on his mind. As one commentator has noted, once a Jencks statement is deemed producible, "the defendant's right to the statement is virtually absolute." You're all set! We do not find that the trial court abused its discretion in refusing to grant Defendant's motion for a continuance. ), cert. We find no reversible error. Its misplacement in Rule 16 caused some confusion. Over the course of these interviews, the Defendant became more and more nervous. It is this latter possibility that should lead this Court to hold that the trial court's denial of counsel's request for a recess or a reasonable time to review the statements under Rule 26.2(d) constitutes reversible error. The trial court did not err in admitting the testimony. At the very least, the majority should offer some guidance on the nature and extent of the trial court's discretion in this area of *550 the law and should set standards for determining when an abuse of that discretion has occurred. This description matched that of the ring Christy Jones Scott had found in her mother's driveway after the killing. See State v. Jenkins, 733 S.W.2d 528, 532 (Tenn. Crim. According to the state's forensic pathologist, Dr. Cleland Blake, Jones had suffered several "blunt traumatic contusions" to her head. Second, despite the trial court's assessment of the statements in question as "not that complex," "not that different" from one another, and containing "nothing worthwhile, relevant or germane," a review of April Ward's statements demonstrates clearly that they were a powerful source of ammunition with which to impeach her testimony, had defense counsel been permitted the time necessary to review them and prepare his cross-examination in light of their content. Gary Caughron - Cloud Platform Administrator - SAS | LinkedIn [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. Paltorah testified that the print on the door was consistent with a smooth-soled shoe as opposed to the tennis shoe worn by the Defendant. [The statements are] not that different [from each other]." Atty., Sevierville, for appellee. Gary Caughron - Address & Phone Number | Whitepages The Defendant specifically cites to interruptions by the court occurring during defense counsel's direct examination of Robert McFadden, a fingerprint expert from the T.B.I. Ogle had been a boyfriend of Teresa Goad, one of the victim's daughters. 1983), cited by Defendant, only indicates that an in camera inspection is necessary once it has been shown that there is material producible under Rule 16, in that case Jencks material. When asked to decide whether suppressed evidence is material, the courts have generally held that "the materiality of the withheld evidence may depend on the closeness of the case." Unable to complete the sex act with Jones, the Defendant suggested sex with April. Gary J. Aguirre. April further testified that after her mother went to sleep, she cut a blue terry cloth towel into strips and waited for Caughron to arrive. The Defendant also challenges comments by the court during the direct examination of T.B.I. 134), followed by Petitioner's surreply on August 15, 2017. Finally, it must be emphasized that the majority's calculation that defense counsel had 22 hours in which to "study and reflect on the pretrial statements of April Ward" (and some 20 other witnesses) is purely illusory. See also United States v. Peters, 732 F.2d 1004 (1st Cir.1984); United States v. Higgs, 713 F.2d 39, 44 (3d Cir.1983); United States v. Xheka, 704 F.2d 974, 981 (7th Cir.1983); United States v. McPartlin, 595 F.2d 1321, 1346 (7th Cir. App. We are of the opinion that defense counsel, and his defense team, were given a reasonable opportunity to examine and prepare to use the statements in cross-examining April Ward. 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 George Cleveland Roach. From the beginning, the police and the prosecution sought to shield April Ward and the information she had given them from the defendant's attorneys. To ensure against such an interpretation of the opinion in Jencks, the United States Congress enacted 18 U.S.C.A. 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." App. Building on its ruling in Clancy, the United States Supreme Court noted in Goldberg v. United States: 425 U.S. 94, 111, note 21, 96 S. Ct. 1338, 1348, note 21, 47 L. Ed. The court quoted Gregory at length, as well as Gallman v. State, 29 Ala.App. The trial court wished to proceed, apparently to allow April Ward to finish her testimony that day. ), cert. In the past, Gary has also been known as Gary L Caughorn, Gary L Aughron and Gary L Caughron. United States v. Holmes, 722 F.2d 37, 40 (4th Cir.1983). She testified that the Defendant kicked in the bedroom door, which was locked. He had conducted 2500 forensic investigations. [3] While Brady contemplates the suppression of many types of exculpatory evidence, the Supreme Court has specifically held that evidence impeaching a government witness's credibility may be exculpatory within the meaning of Brady. Moreover, appellate judges are in a poor position to second-guess counsel on the question of whether a recess to permit full utilization of the statements in this case would have been efficacious. Defendant filed a pretrial motion for the court to conduct an in camera inspection of *541 the State's entire files, as well as the files of any agencies or individuals that had investigated the case for the State, and to determine if the State had failed to hand over anything that might be vital to the preparation of the defense. Furthermore, the court's actions did not reflect the trial court's views on the Defendant's innocence or its opinion of the merit of Defendant's proof. The Defendant specifically complains of the trial court's interruption of his cross-examination of Christy Jones Scott and of Officer Sam Owenby, both of which interruptions were apparently attempts to keep the examination moving along; and of the court's statements during the cross-examination of Dr. Cleland Blake that what the doctor had told the jury was "just what he's told them" and that questions about why the doctor took fingernail clippings were academic and the answer obvious to anyone who had watched the television show Quincy. But in the wake of this initial ruling, the Court has set the threshold for determining harmlessness at a very high level. For there can be no dispute, given the facts of this case, that the error committed by the trial court was prejudicial. Palermo, supra, at 355-6, 79 S. Ct. at 1226-7. See, e.g., Hudgins v. State, 3 Tenn.Cr.App. April testified that Caughron entered the house by himself and then summoned her inside. Gary June's Instagram, Twitter & Facebook on IDCrawl Gary Caughroncurrently lives in Capitan, NM; in the past Gary has also lived in Ruidoso NM. Agent Davenport did not testify about the attempted suicide. The sentencing phase of the trial was much briefer, primarily because the state presented no further proof and the Defendant called only four witnesses. Had April Ward been the State's first witness the morning of trial and had the State produced her statements after her direct examination, we are of the opinion that a two hour recess would have been adequate for counsel to properly prepare for cross-examination. The Defendant avers that the trial court erred in allowing the prosecution to ask leading questions of April Ward on direct examination. 5249 HIGHWAY 67 WEST MOUNTAIN CITY, TN 37683. He picked her up sometime after midnight. This advance production satisfied the State's duty under Rule 26.2 and avoided the needless delay of the trial. Obviously, whether any one of these provisions has been violated and what action must be taken to correct the error can only be determined on a case-by-case basis, in context both the evidence in the record and the procedure followed at trial. April Ward's mother, Lettie Marie Cruze, worked at the Turquoise Jewelry Shop in Settler's Village, a group of shops in Pigeon Forge. A list of the contradictions in the six statements and the development of a strategy for their effective use on cross-examination would, of course, take even longer. Bowman v. State, 598 S.W.2d 809, 812 (Tenn. Crim. Based on this authority, "the serious nature of [the] case," and the witness's testimony that the prosecutor's letter influenced his decision not to talk to defense counsel, the court reversed the conviction and remanded the case for a new trial.
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