The Defendant presented evidence that, based on evidence gathered at the crime scene, none of the tests or analyses performed by forensic scientists from TBI and the FBI had connected him with the killing. He was an oil field inspec Troy Gene Caughron (1933-2014) - Find a Grave Memorial The Fourth Circuit noted in United States v. Smith Grading & Paving, Inc., 760 F.2d 527, 532 (4th Cir. 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. PDF Supreme Court of Tennessee State List for Permission to Appeal Style Get free summaries of new Tennessee Supreme Court opinions delivered to your inbox! 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. 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. United States v. Holmes, 722 F.2d 37, 40 (4th Cir.1983). 2d 481 (1985). In response to the defendant's pretrial "Brady motion" seeking pretrial disclosure of material evidence favorable to the defense the prosecutor failed to provide defense counsel with copies of April Ward's prior inconsistent statements. ), cert. Brady v. Maryland, supra, 373 U.S. at 87, 83 S. Ct. at 1196-97. Right now Gary is an Owner at Caurhon Gary. See State v. Payne, 791 S.W.2d 10, 16 (Tenn. 1990); State v. James, 688 S.W.2d 463, 466 (Tenn. Crim. The record shows that juror Jerry McGill was related to State's witness John Brown by marriage. Copenhagen mayor to Solvang, California: Stop acting homophobic - Los App. 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. 1987); State v. Howell, 698 S.W.2d 84, 86-87 (Tenn. Crim. These injuries were consistent with those caused by a blunt or rounded object and would have rendered Jones unconscious at some point. As a result, defense counsel was forced to begin cross-examination under circumstances amounting to a deprivation of Rule 26.2 statements that were rightfully his to inspect. 24-1-101, no one is automatically barred from testifying simply because of *538 age or mental status. The trial court did not err in admitting the testimony. 39-13-204(d), specifically grants the State the right of closing. Gen., Nashville, Al Schmutzer, Jr., Dist. You're all set! The court found it "grossly unfair" to permit this kind of prosecutorial misconduct, which had "unfairly hampered the defendants' investigation." Select this result to view Gary Richard Caughron's phone number, address, and more. Gary Caughroncurrently lives in Capitan, NM; in the past Gary has also lived in Ruidoso NM. Almost everything that the jury learned about Ann Jones's death, other than the description of the crime scene given by investigators, came from April's testimony. With a few exceptions, see, e.g., Tenn.R.Evid. We do not find that the trial court abused its discretion in refusing to grant Defendant's motion for a continuance. Sharon was born on 09.01.67. 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. These statements certainly would not support a murder conviction in the absence of April Ward's testimony. He also asked April to watch Jones as she closed her shop and see where she put her money, and to find out if Jones was married and had a telephone or pets. Moreover, the inconsistent statements of a witness are considered impeachment evidence favorable to a defendant. Gary June Caughron v. State of Tennessee - CourtListener.com Gary June Caughron v. State of Tennessee, 03C01-9707-CC-00301 (Tenn. Crim. For example, in Kines v. Butterworth, 669 F.2d 6 (1st Cir.1981), cert. That testimony is summarized below. In this case, the trial judge's misguided decision not to adjourn court before 5:00 p.m., regardless of the circumstances, amounts to an arbitrary and capricious abuse of discretion, resulting in the necessity of retrial. See Hale v. State, 198 Tenn. 461, 281 S.W.2d 51, 58 (1955); Mothershed v. State, 578 S.W.2d 96, 99 (Tenn. Crim. *542 The trial court held him in contempt. Ann Jones ran the Wild Hare Tee Shirt Shop in this same shopping center. 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. Crime Laboratory personnel. Gammon v. State, 506 S.W.2d 188, 190 (Tenn. Crim. Blausen Medical is a leading provider of illustration, animation and simulation for Health Care and related industries, providing . 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." This advance production satisfied the State's duty under Rule 26.2 and avoided the needless delay of the trial. Id. (Another witness, Vicky Worth, testified that she had seen the Defendant drinking beer and smoking marijuana at a restaurant around 10 or 11 o'clock that night.) Prior to trial, the court granted the Defendant's request for a competency hearing as to Ward, then seventeen, because she was a juvenile. (13th ed.) Gary June's Instagram, Twitter & Facebook on IDCrawl Dr. Blake concluded that Jones had died as a result of asphyxiation while unconscious. Later that same morning, several witnesses saw the Defendant when he arrived at Settler's Village around 10:00-11:00 a.m. Caughron was wearing only cut-off jeans and tennis shoes; he had scratches on his back, stomach and face. Search Local Arrest Records At the beginning of trial the Defendant asked the court to inspect the files in camera to look for any possible exculpatory evidence. The Hinton court faulted the attorney for failing to seek "adequate time to make an informed tactical decision as to the use of the information contained in the [statements]," thereby producing "a harried trial attorney, attending to direct examination with one part of her consciousness, and with the *555 other rifling through the `massive Jencks material' in a hurried attempt to isolate and scan the relevant documents." Supreme Court Denies Appeal in Sevier County Death Penalty Case The majority then correctly identifies the question of first impression we face in this case: Given the provision in Rule 26.2(d) permitting a "recess in the trial for the examination of such statement and for preparation of its use in the trial", was counsel in this case afforded a reasonable opportunity to examine April Ward's prior statements and prepare for her cross-examination? After working in a law firm briefly, he became a public defender, then worked as a trial lawyer in California. George Edward Hardin. For the reasons set out above, I dissent from the majority's decision to affirm the defendant's conviction in this case. The physical and psychological demands on an attorney in trial, especially a criminal trial involving a capital offense, are heavy. 5249 HIGHWAY 67 WEST MOUNTAIN CITY, TN 37683. The Defendant insists that certain testimony of April Ward and her mother, Lettie Cruze, concerning statements made by the victim was inadmissible hearsay. Brooks v. State, 187 Tenn. 67, 213 S.W.2d 7, 10 (1948). They were due back in court in Sevierville at 9:00 the next morning. See Lockhart v. McCree, 476 U.S. 162, 106 S. Ct. 1758, 90 L. Ed. 39-2-203(i)(5) requiring torture or depravity of mind and should define "cruel," "torture" and "depravity." 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. 1981). 804, Advisory Commission Comments. He also denied being in a fight in a bar in Newport and told different stories about how he had gotten scratched and bloodied up. 369 F.2d at 189. 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." The statute, T.C.A. These factors contribute to what inevitably becomes a subjective assessment of the damage likely to have been done by the state's misconduct. They walked to the victim's house from the parking lot of a nearby nursing home, where they had left the Oldsmobile. [6] Following the conclusion of April Ward's testimony, the trial judge attempted to rescue defense counsel from a later charge of ineffectiveness by commenting on the fact that Ogle had been handed "yellow sheets" of "check lists" by his investigator and noting, "I find counsel's assistance has been full, complete, meticulous as reflected by the questions put, as by the notes you should retain in case some question is raised at some later time about competency of counsel." Finally, Defendant complains that the judge told the jury that they did not have to look at Ogle's boot and a full-scale photograph of the footprint on the door when these items were passed as exhibits. 601, see also T.C.A. [1] T.C.A. Jones's legs and arms had been bound and tied to the bed with strips of blue terry cloth and pieces of sheer, off-white material like that used for table cloths and curtains. Dr. Blake's testimony was that the head injuries would have rendered her unconscious. 2d 983 (1983). April testified that she and the Defendant tried to wash the blood off their bodies in the river behind a store in Pigeon *532 Forge. George Cleveland Roach. This Court has previously found this issue meritless. Over 20 years of Infrastructure and Application Systems Design, Implementation, Upgrades and Maintenance. 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. At trial the Defendant elicited from Christy Jones Scott the testimony that she had unloaded two or three bags of laundry detergent from her mother's truck after she had found her mother. Gary Caughron works at James M Russ II - Connect Realty, which is a Real Estate company. To ensure against such an interpretation of the opinion in Jencks, the United States Congress enacted 18 U.S.C.A. 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 The court refused and pointed out that the district attorney general was aware of his ethical duties and stated that the court would look at anything the Defendant called to its attention but would not "plow" through all the files and evidence. He had conducted 2500 forensic investigations. Shelby Caughron (1940 - 1986) - Dandridge, Tennessee 1985); State v. Hardin, 691 S.W.2d 578, 581 (Tenn. Crim. 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. In September 1986, he had broken into the victim's home and at knifepoint had pushed Teresa to the bed and attempted to tie her hands with strips of sheet. He told McGaha that he had been drunk and partying the night of the murder. Noting that the statements were admitted falsehoods, the trial court refused to allow their introduction. The majority opinion contains a brief history of Tennessee Rule of Criminal Procedure 26.2 and its genesis in federal law, and a passing reference to State v. Taylor, 771 S.W.2d 387 (Tenn. 1989), the only reported decision of this Court directly interpreting Rule 26.2. Ward testified that she and Caughron also sat on the floor and drank Jones' blood from shot glasses. Oklahoma troopers said Henry L. Boren, 80, apparently fell. 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. The record reflects that "it took an experienced attorney twenty-four hours to read through this material once in preparation for this appeal."[5]Id. 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. The admission of expert testimony is largely in the discretion of the trial judge. [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. 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. Defense counsel then requested that the court also tell the jury that it had not changed the instruction simply to draw attention to that factor. In pertinent part, the Tennessee Rule reads as follows:[4]. Less than ten minutes later, he completed his questioning and tendered the witness to the defense for cross-examination. To contact Judy, send them an email at judy.caughron@aol.com 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. 02/14/94 STATE TENNESSEE v. VICTOR JAMES CAZES . Here, the statements were given to counsel the night before (7:15 p.m.) and cross-examination began at approximately 5 p.m., the next afternoon just short of twenty-two hours later. April 27, 2023. 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." The remainder may then be disclosed at trial under the provisions of Rule 26.2(a).". Sign up for our free summaries and get the latest delivered directly to you. John Wesley Caughron (deceased) - Genealogy This provision is similar to language found in Rule 12(i) of the Federal Rules of Criminal Procedure but the Tennessee Rules Commission elected to treat all witness statements in one rule. She testified that the Defendant kicked in the bedroom door, which was locked. At trial, he testified that the Defendant appeared nervous and had a small cut on his face. Casey Caughron - Manager, IT Operations - WaterOne | LinkedIn The Defendant taunted the victim, despite her pleading, "Please don't hurt me," and told her she was going to die. See also Boone v. Paderick, 541 F.2d 447 (4th Cir.1976); United States v. Sutton, 542 F.2d 1239 (4th Cir.1976). Informing the jury that "[t]rue or untrue, you may consider that this conversation took place," the trial court overruled Defendant's objection. 378. Gary is related to Gitta E Caughron and Marsha A Caughron. April testified that she hated Jones because she had tried to separate her and the Defendant by going to her mother. To this the trial judge responded: The jury was brought back to the court-room, and the district attorney continued his direct examination of April Ward. Dr. Blake stated that these represented a "hard slap injury to the buttock" inflicted while the victim was still alive. The majority's recapitulation of the evidence in this case demonstrates that the testimony of the defendant's teenaged accomplice, April Ward, was not only crucial to the state's case against Gary Caughron, it was the state's case against him. 2. 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. The Defendant argues that the evidence about his purported drug use, sexual practices, attachment to rock music, and drawing pictures of demons is evidence of other crimes, wrongs or acts, prohibited by T.R.E. 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. Create, edit, and maintain all scheduling . View Gina Caughron's record in Walland, TN including current phone number, address, relatives, background check report, and property record with Whitepages. 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. Another interjection concerned McFadden's examination regarding whether the door was knocked off its hinges and has already been addressed in Section IV. Houston, Texas, United States. Of course, a witness has the right to refuse to be interviewed. The door had been made available to the defense attorney for examination on January 26, three days before his motion. The reviewing court found an abuse of discretion amounting to a violation of the defendants' rights under the Jencks Act and ordered a new trial. State v. Caughron - Tennessee - Case Law - VLEX 887987180 [9] There is no way to know to what extent this aspect of April's testimony may have affected the jury's decision to impose the death penalty. Although the record does not show the exact time that court resumed following this recess, the hour must have been very close to 5:00 p.m., which was the trial judge's previously announced adjournment time. Gary June CAUGHRON, Appellant. 2d 215 (1963), or Rule 16, T.R.Cr.P. We therefore affirm the conviction of first degree murder and the sentence of death. That court noted that the witnesses were "particularly vulnerable to suggestion and anxious not to offend the prosecutors" because they were concerned that they, too, could be indicted. 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. 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. Id. 1973). The Defendant next asserts that the trial court prejudiced Defendant's case by indicating to the jury throughout the trial that the court believed that the Defendant was guilty. The Defendant avers that the trial court's denial of counsel's request for sufficient time to review the statements under Rule 26.2(d) constitutes reversible error. The proof is ambiguous as to whether the State gave Defendant this statement under Rule 16. Records show that Sharon has one phone number, (919) 242-4415 (Carolina Tel and Tel Co , LLC) He apologized to the trial judge for having to ask for a recess, and indicated that the defense had tried to avoid the delay by seeking pretrial discovery of the witnesses' statements, an effort that had proved unsuccessful. NECX PO 5000 MOUNTAIN CITY, TN 37683. 1980); State v. Nelson, 603 S.W.2d 158, 168 (Tenn. Crim. 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." App. The State asserts that this issue should be treated as waived because, as the State correctly points out, the Defendant has failed to cite to the location in the record of the specific questions of which he complains. In the past, Michael has also been known as Michael G Caughron, Michael Gary Caughron, Mike G Caughron, Michael Cauchron and Michael Coughron. The court did not abuse its discretion here. Godfrey v. Georgia, 446 U.S. 420, 100 S. Ct. 1759, 1767, 64 L. Ed. Sharon B Caughron. The statements here were produced the evening before direct and cross-examination took place the following afternoon. The courts also consider the other information available to defense counsel, such as pretrial statements, and they look for such indicia of prejudice as requests for recesses and poorly prepared cross-examinations. 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. He argues that Jones was unconscious during most of the acts that occurred that night. 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. 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. Id. [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. However, the officers were not eyewitnesses; their testimony contained no surprises; counsel did not request a recess after the direct examinations; and cross-examination of the witnesses was thorough. 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. A similar error occurred in this case. In this case six statements, totaling 64 pages, were given to counsel for overnight study and reflection. Associate Professor . The court, finding "nothing that unfairly affected or handicapped appellants in preparation for trial," held that due process was not violated because defendant could show no prejudice to his case. For example, in Starusko, supra, the court found that the impeachment of a "key government witness" was material because "his credibility may well be determinative of guilt or innocence . Mary Ann Caughron (1939-2016) - Find a Grave Memorial 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. To obtain an actual death certificate (and not just the index) for persons dying in Los Angeles County after July 1, 1905, contact the Los Angeles County Registrar-Recorder/County Clerk, 12400 E. Imperial Hwy, Norwalk, CA 90650. They developed several leads, but none of them panned out. In the package were over 100 pages of typewritten and handwritten materials, comprising the statements of 20 different persons. 3500, known from the time of its passage in 1957 as the Jencks Act. 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. During *540 cross-examination of April Ward, when defense counsel asked Ward why she had lied to law enforcement officers regarding whom she had told about the crime, a juror whispered loudly, "What's the difference?" The court was presented with a young girl who had participated in a brutal, ritualistic-type murder, who repeatedly cried on the witness stand, and who required several recesses in order for her to regain her composure. She described her nephew as "slow" and said that he had a good attitude since he had been in jail. ROY CAUGHRON Obituary (2013) - Knoxville, TN - Knoxville News Sentinel