gary june caughron

793 F.2d at 413. Gary R Caughron from Granite City, IL Also known as: Mr Gary R Caughron, Mr Gary Caughron Age: 61 years old Mobile number (618) 876-9480 Marital status Single Landline number (618) 344-4510 Gender Male Occupation ads view occupation Born June 21, 1961 Email addresses gcaughron@excite.com garyc2500@yahoo.com More about Gary R Caughron Contact Info 669 F.2d at 11. We find no error in the guilt phase or sentencing phase of this case. A purse and its contents lay strewn in the hall. We therefore affirm the convictions and the sentences. [2] T.C.A. He then declared her competent to testify. Although the trial court told defense counsel that he could explore this situation "later at a proper time," counsel never did so. Dr. Blake concluded that Jones had died as a result of asphyxiation while unconscious. The Defendant avers that the trial court erred in not declaring a mistrial because of a juror's comments. Madison County JACKSON A Jackson man died yesterday morning in a single-vehicle accident in eastern Oklahoma, the Highway Patrol reported. 3500, known from the time of its passage in 1957 as the Jencks Act. As a result, defense counsel was not only prevented from gathering information that could have been developed from interviewing April Ward. 2d 43 (1979). According to April, the Defendant dumped out the contents of Jones's purse as they left and took what appeared to be a large amount of money. Gen., Nashville, Al Schmutzer, Jr., Dist. Such a deprivation violates the right-to-counsel provision found in Article I, Section 9 of the Tennessee Constitution, as well as the Sixth Amendment of the federal constitution. Then, on June 22, 1988, they took the first of six statements they would obtain from April Ward. ", Jimmy Lynn Huskey testified that in 1986, when he and the Defendant were friends, the Defendant had a pool stick that came apart like the one Ward had described and that Defendant kept light-colored lace table cloth or curtain material in his car similar to the sheer material used to tie up Jones. Unable to complete the sex act with Jones, the Defendant suggested sex with April. 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. The motion is . [2] So long as a witness is of sufficient capacity to understand the obligation of an oath or affirmation, and some rule or statute does not provide otherwise, the witness is competent. Even though the trial court explained to him that as long as he testified truthfully he would not be committing perjury, Phillips refused to testify. 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." 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. This testimony, according to Defendant, would tend to show that the victim never had a chance to bring in her groceries before she died and thus was first attacked outside the house. 2d 1103 (1957). 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." This site is protected by reCAPTCHA and the Google. He was an oil field inspec Facebook gives people the power to. See Lockhart v. McCree, 476 U.S. 162, 106 S. Ct. 1758, 90 L. Ed. GARY JUNE CAUGHRON. 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. Beginning in June 1988 with the first statement she gave police, and ending with the sixth and last one she gave them in November 1988, April Ward made a total of six pretrial statements, no two of which were completely consistent with each other. Jun 2022 - Present11 months. Respondent filed a reply in support of his motion on June 27, 2017 (Doc. See Graves v. State, 489 S.W.2d 74, 81 (Tenn. Crim. 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. It makes no provision for two hours of travel, for time that the attorney spent consulting with his colleagues and his client, for time devoted to planning trial strategy for the next day (including opening argument), or for a reasonable period of time for rest and sustenance. The Caughron family name was found in the USA, and Canada between 1840 and 1920. Several witnesses saw what they described as dried blood on him. When a prosecutor deliberately conceals a material witness and the defense is thereby prejudiced, a due process violation results. 378. But, he did not cross-examine her with regard to the details of *557 those statements, perhaps as a matter of strategy, but more likely from ignorance of their contents. Elizabeth T Caughron, Jack L Caughron, and four other persons are also associated with this address. ." [3] In Brady, the defendant requested the out-of-court statements of his companion during the murder. Defendant challenges the admissibility of Huskey's testimony that in 1986 the Defendant listened to hard rock music, drew sketches of "demons and stuff" like that on record album covers, had a pool stick that broke down into three pieces, had a light-colored tablecloth or curtain material in the back of his car, talked about tying up women during sex and told Huskey that slapping women "on the butt really turned him on." It is clear from the record that the trial court's decision to deny a recess was not due to any misunderstanding on his part about the crucial nature of April Ward's testimony. denied, 456 U.S. 980, 102 S. Ct. 2250, 72 L. Ed. 801(c); State v. Coker, 746 S.W.2d 167, 173 (1987). The trial court did not abuse its discretion in allowing Dr. Blake to give his opinions on what had caused these injuries. 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. Courts will find prejudice, however, when defendant's pre-trial preparation is hampered by the inability of counsel to assess the credibility of witnesses. Our examination of the record shows at least five occasions when Defendant objected to the State's questioning of Ward as leading. 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. 404(b). The majority here finds no error in the trial court's ruling. 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. 1986), a court ordered the witnesses to submit to depositions in order to cure the problem. The Defendant, Gary June Caughron, appeals directly to this Court his conviction of first degree premeditated murder and the sentence of death imposed by the jury, and his convictions of first degree burglary, and assault with intent to commit rape. He called the victim a "bitch." In that 13-hour interval, he was called upon to confer with his client, to spend the patter part of two hours driving to and from his out-of-county office, to review the day's events with his co-counsel, to prepare his opening statement for the next morning, and to tend to such personal matters as eating, sleeping, and maintaining personal hygiene. The statements here were produced the evening before direct and cross-examination took place the following afternoon. 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. [The statements are] not that different [from each other]." (13th ed.) Finally, in United States v. Moceri, 359 F. Supp. The Tennessean from Nashville, Tennessee Page 40 "First, as formerly was evident in Rule 16, the Committee deliberately did not incorporate that provision of subdivision (e)(3) of the Jencks Act, which applies to statements of witnesses before a grand jury, and such statements are not meant to be obtainable simply because a grand jury witness testifies for the State. [1] The action of the police in blocking pretrial access to the state's most crucial witness and the prosecution's failure to disclose summaries of her pretrial statements are not raised as discrete issues on appeal. Because April Ward was effectively under "house arrest" during the months immediately before trial, this directive cut off any access that defense counsel might have had to this crucial witness during his investigation of the case and preparation for trial. The trial court responded by pointing out that the defense team, consisting of attorneys Carl Ogle, Jr., Stephen Ward, and an investigator, had "had the statements overnight." 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. You already receive all suggested Justia Opinion Summary Newsletters. Regarding the need to investigate persons named as suspects in certain statements given to the defense by the State on January 19, 1990, the Defendant failed to show the materiality and relevance of any evidence such an investigation would yield. You can explore additional available newsletters here. At the hearing, the trial judge asked Ward some general questions, some questions about how she was doing in school and how her counseling was proceeding, and some questions about her awareness of her testimony. The evidence was relevant because of Ward's testimony about drinking the victim's blood from a shot glass and Cruze's testimony about the Defendant's pink toothbrush. Because there were questions about the juror's objectivity and the Defendant was at "enormous risk," the court removed the juror. Defendant's next objection was to the testimony of April's mother that the victim had told her that as a rule she did not get involved in other people's affairs but that she thought "April was a sweet little girl and she didn't trust Gary Caughron." 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. She said that after the two of them undressed, Caughron rubbed the victim's blood on both their bodies as they engaged in sex on the floor beside the bed where Jones lay. Atty., Sevierville, for appellee. Gary was born in Nevada, Mo., on Oct. 11, 1963, to Robert and Elizabeth (Wolf) Caughron. Another time he said, "If I'm convicted of what I've done, someone will have to pay." Menu Log In Sign Up State v. Elliott, 703 S.W.2d 171, 176 (Tenn. Crim. 875 S.W.2d 253 (1994) | Cited 9 times . 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. Defendant argues that the failure of the trial court to ask April Ward whether she understood the difference between telling the truth and a lie and whether she comprehended the importance of telling the truth rendered the competency evaluation conducted before she testified inadequate. See, e.g., Bryant v. State, 539 S.W.2d 816, 819 (Tenn. Crim. In the past, Gary has also been known as Gary L Caughorn, Gary L Aughron and Gary L Caughron. Officer Tippens was one of the first officers on the scene the day the murder was discovered. His stepfather, for example, had beaten him and humiliated him for bedwetting. 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. Billy Strings Stays "California Sober" With Willie Nelson On New Single A similar error occurred in this case. Gary R Caughron, (618) 344-4510, 1891 Luehmann Ln, Granite City, IL The trial court refused to continue the case because Tippens' testimony would be cumulative in light of the fact that there were several other investigating officers who should have possessed the same knowledge. 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. See separate dissenting opinion. 2d 215 (1963), governing the right to pretrial discovery of exculpatory evidence material to the issue of the defendant's guilt, discussed further in Section II, infra. The Defendant, Gary June Caughron, appeals directly to this Court his conviction of first degree premeditated murder and the sentence of death imposed by the jury, and his convictions of first degree burglary, and assault with intent to commit rape. 373 U.S. at 84, 83 S. Ct. at 1195. 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. In my judgment, the violation of subsection (d) in this case is so clear that the only remaining question concerns the relief that should be granted in light of this error. 148, 458 S.W.2d 627 (1970). The progenitor of Tennessee Rule of Criminal Procedure 26.2 is the 1957 decision of the United States Supreme Court in Jencks v. United States, 77 S. Ct. 1007, 353 U.S. 657, 1 L. Ed. This was about 40% of all the recorded Caughron's in USA. Carter v. Rafferty, 826 F.2d 1299, 1308 (3d Cir.1987). 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. 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. Gary June Caughron. Records show that Sharon has one phone number, (919) 242-4415 (Carolina Tel and Tel Co , LLC) 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 The trial court rejected the Defendant's hearsay objections on the grounds that any statements of the victim described by Ward were not offered for their truth but to show Ward's state of mind and what provoked her to harm the victim. For the reasons set out above, I dissent from the majority's decision to affirm the defendant's conviction in this case. He picked her up sometime after midnight. Nos. Billy Strings 2023 Tour Dates. 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. The statute, T.C.A. Over the course of these interviews, the Defendant became more and more nervous. Although instructing a witness not to talk with defense counsel may constitute a due process violation, some courts, emphasizing the requirement of prejudice, have found no constitutional error when the defendant does not appear to have been harmed by the misconduct. April testified that Caughron entered the house by himself and then summoned her inside. The court stated: Id. It fails to take into account the fact that almost half this period of time, nine hours, was spent in court during the course of the trial. Under T.R.E. The court therefore specifically instructed the jury that it had acted, not to emphasize that part of the charge, but to "comport exactly" with the law. [7] The federal courts have held a Jencks violation harmless only where the statement and the witness's testimony are consistent, United States v. Tashjian, 660 F.2d 829 (1st Cir.1981); where the statement is of marginal value, because the witness is not an integral part of the government's case, United States v. Weidman, 572 F.2d 1199 (7th Cir.1978); where the statement contains only cumulative material, i.e., it is the same as the information in grand jury transcripts that have already been disclosed, United States v. Anthony, 565 F.2d 533 (8th Cir.1977); where lost notes would have supported the prosecution's case, United States v. Miranda, 526 F.2d 1319 (2nd Cir.1975), cert. Palermo, supra, at 355-6, 79 S. Ct. at 1226-7. 138.) The Defendant insists that certain testimony of April Ward and her mother, Lettie Cruze, concerning statements made by the victim was inadmissible hearsay. Their efforts are unappreciated by the public generally and undercompensated by the justice system they serve. I believe that this case should be remanded for a new trial because of unwarranted interference with the defendant's right to due process by the police, by the prosecution, and by the trial court. 2d 104 (1972); United States v. Bagley, 473 U.S. 667, 105 S. Ct. 3375, 87 L. Ed. The police made little progress in the investigation of the Jones homicide during the year after the homicide. Oklahoma troopers said Henry L. Boren, 80, apparently fell. 855 S.W.2d 526 (1993) | Cited 4 times. State v. Melson, 638 S.W.2d 342, 359 (Tenn. 1982). 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 . The witness to be impeached cannot, however, be one whose credibility does not affect defendant's guilt or innocence, a limitation that is clearly met in this case. In that case the Court held that defense counsel has a right to inspect prior statements or reports by a government witness, following *535 direct examination of the witness, to the extent that those reports or statements are related to the witness's testimony on direct examination, for the purpose of using them to prepare or conduct cross-examination. The two of them left the shops with Yoakum and went to April's mother's house, where the Defendant bathed. State v. Taylor, 771 S.W.2d 387, 391 (1989). Both this case and Gregory are examples of courts perceiving the obvious hindrance to defense counsel's trial preparation when the state instructs witnesses not to talk. At trial, he testified that the Defendant appeared nervous and had a small cut on his face. 601 ("Every person of sufficient capacity to understand the obligation of an oath or affirmation is competent to be a witness except as otherwise provided in these rules or by statute.") While federal authority is not binding on Tennessee state courts, it is obviously persuasive in resolving disputes such as the one now before us, not only because the drafters of the Tennessee rule opted to follow the federal model so closely, but also because of the thoroughness the federal courts have brought to the analysis of Jencks disputes.
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