gary june caughron

The trial judge did not abuse his discretion by completing April Ward's testimony that afternoon. Over the course of these interviews, the Defendant became more and more nervous. No abuse of discretion warranting reversal is shown in this case. at 78. See separate dissenting opinion. 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. What is not *551 included in the majority opinion is a recitation of the procedural background of the trial, putting in context the "Jencks motion" made by defense counsel at various points during the proceedings. 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. He was preceded in death by his parents Harmon and Alma Caughron, sisters Pauline,. 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. The trial court laid the blame for this predicament on the defendant's attorney. He reminded the trial judge that he had not received the package of statements until after court adjourned the previous night. The Defendant further complains that the trial court erred in admitting testimony *539 by Lettie Cruze that around the time of the murder, her daughter, April Ward, was having trouble in school and crying a lot. Gary June Concord, MA Barnes and Noble Education (BNED) VP--Head of Institutional Sales (Oct 2019 - Apr 2021) Florida State University Certificate (2001 - 2002) Media professional, angel investor, coach Gary June Columbus, Ohio Police Officer - Department of Gary June Portsmouth, OH Sales Director Gary & June Thompson Arlington, TX Gary June There was a "patch" of "scraping type of injuries caused by some kind of slender linear object like whipping marks" on the left back side of her chest beneath her shoulder blades. Caughron cleaned himself in the store's restroom. Gary R Caughron, (618) 344-4510, 1891 Luehmann Ln, Granite City, IL They walked to the victim's house from the parking lot of a nearby nursing home, where they had left the Oldsmobile. We find no reversible error in the court's conduct during McFadden's testimony. Further, the Federal rule treats law enforcement officials as witnesses called by the state, but the commission elected not to adopt this provision. 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 100 (1974). Sign up for our free summaries and get the latest delivered directly to you. This proposed instruction was rejected by the Court in State v. Payne, 791 S.W.2d 10, 21 (Tenn. 1990), and State v. Melson, 638 S.W.2d 342, 367 (Tenn. 1982), cert. Several witnesses saw what they described as dried blood on him. The court stated: Id. About. Respondent filed a reply in support of his motion on June 27, 2017 (Doc. 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. 2d 1103 (1957). This advance production satisfied the State's duty under Rule 26.2 and avoided the needless delay of the trial. Atty. 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. 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. App. 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. 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. 608 and 609, the trial court is given broad discretion in the timing of its decisions on the admissibility of evidence. 369 F.2d at 189. App. App. denied, 396 U.S. 865, 90 S. Ct. 143, 24 L. Ed. 2d 603 (1967). Gen., Nashville, Al Schmutzer, Jr., Dist. 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 Defendant carried with him the handle of a pool stick, around which he had placed gray duct tape, and pieces of the sheer material that he already had in his car. 2d 104 (1972); United States v. Bagley, 473 U.S. 667, 105 S. Ct. 3375, 87 L. Ed. He was an oil field inspec 1980). 3500, known from the time of its passage in 1957 as the Jencks Act. In the majority's judgment, two hours would have been sufficient time to comply with the requirements of Rule 26.2. The facts of Holmes bear an almost uncanny resemblance to the facts in this case: The Holmes court held that it was "clear that defendants were not afforded a reasonable opportunity to examine and digest the mass of material furnished them on the Sunday before the Monday trial began." Obviously, Rule 26.2(c) applies to such pretrial motion hearings. 2d 481 (1985). Gary Caughron - James M Russ II - Connect Realty | ZoomInfo 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. 2d 574 (1961), the Court said: Clancy, at 316, 81 S. Ct. at 648 quoting Jencks, supra, at 667, 77 S. Ct. at 1012-13 (citations omitted). The phone lines to the house had been cut. Krilich v. United States, 502 F.2d 680 (7th Cir.1974). Given the centrality of April Ward's testimony, the inherent unreliability which attaches to that testimony by virtue of the half-dozen contradictory statements she made over a five-month period prior to trial, and the trial court's failure to grant counsel a reasonable period of time in which to capitalize upon those various pretrial statements, it appears that the Rule 26.2(d) error in this case was prejudicial. At least one state court has applied harmless error analysis to the violation of production rule. 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. Gary J. Aguirre. 138.) Dellinger v. United States, 474 U.S. 1005, 106 S. Ct. 524, 88 L. Ed. They next drove to Dollywood, where they met several people, one of whom, Kevin Carver, threatened April with harm if she "got the Defendant in trouble.". Gary June Caughron v. State of Tennessee - CourtListener.com Gary June Caughron v. State of Tennessee, 03C01-9707-CC-00301 (Tenn. Crim. App. Id. The trial court felt that the Defendant had failed to exercise due diligence in examining the door. 24-1-101 was repealed in 1991 (Caughron was tried in 1990). On the allegations regarding the need to examine the bedroom door, the Defendant sought to show that the footprint on the door was larger than the Defendant's would have been. PDF Supreme Court of Tennessee State List for Permission to Appeal Style 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. Over 20 years of Infrastructure and Application Systems Design, Implementation, Upgrades and Maintenance. The Defendant has also failed to show that a different result would have been reached if the continuance had been granted. App. 40-2044, enacted in 1968, permitted pretrial discovery of documents, photographs, and tangible objects. Id. T.R.E. Finally, although the trial court denied the motion for continuance on the mistaken belief that FBI Agent Doug Dedrick would testify, Agent Dedrick's testimony was presented to the jury through stipulation. 611(c) provides that "[l]eading questions should not be used on the direct examination of a witness except as to develop testimony." After working in a law firm briefly, he became a public defender, then worked as a trial lawyer in California. 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. 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. The court next defined "cruel," "torture" and "depravity" in accord with State v. Williams, 690 S.W.2d 517, 529-530 (Tenn. 1985). April testified that she then hit the victim in the head two times. Facebook gives people the power to. ROY CAUGHRON Obituary (2013) - Knoxville, TN - Knoxville News Sentinel In the past, Michael has also been known as Michael G Caughron, Michael Gary Caughron, Mike G Caughron, Michael Cauchron and Michael Coughron. The trial judge's actions were unnecessary but did not deprive Defendant of a fair trial or prejudice him in any way. The statements here were produced the evening before direct and cross-examination took place the following afternoon. *533 Three inmates who had been incarcerated with the Defendant in the Sevier and Cocke County jails testified about statements that he had made to them concerning the victim and her death. 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. These factors contribute to what inevitably becomes a subjective assessment of the damage likely to have been done by the state's misconduct. denied sub nom. denied, 444 U.S. 1013, 100 S. Ct. 661, 62 L. Ed. See State v. Payne, 791 S.W.2d 10, 16 (Tenn. 1990); State v. James, 688 S.W.2d 463, 466 (Tenn. Crim. Supreme Court Denies Appeal in Sevier County Death Penalty Case It is true that defense counsel engaged in a vigorous cross-examination of April Ward, confronting her repeatedly with the fact that she had made contradictory statements to police. But, the production of Jencks material without adequate time to read and make use of it undoubtedly constitutes the functional equivalent of a denial. The court did not abuse its discretion here. Because there were questions about the juror's objectivity and the Defendant was at "enormous risk," the court removed the juror. Crime Laboratory personnel. There was, in short, no violation of Rule 26.2 and thus no error, in the majority's view. 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. Caughron said that he stayed at his grandmother's house on the night of the killing and had been riding around with a friend and his wife at the time of the murder. 73 (D.Colo. 875 S.W.2d 253 (1994) | Cited 9 times . One time when asked who had killed Ann Jones, Defendant stated, "Whoever done it needs help." Jerry Springer longtime syndicated talk-show host and former Cincinnati mayor died Thursday at his home in the suburbs of Chicago. 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. The Defendant asserts that Phillips' recantation is a lie, pointing out that no reward was being offered on July 15, 1987. Gina Caughron in TN - Address & Phone Number | Whitepages 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. The actual damage to defendant's trial preparation is incapable of qualitative assessment, but defense counsel's efforts to secure copies of April Ward's statement(s) prior to trial, as well as his repeated requests for time to review the statements provided to him the night before her direct examination, suggest that unlike the efforts of the attorneys in several of the cases discussed above, Caughron's counsel's efforts to defend his client were hampered by the complete lack of access to the state's crucial witness. This site is protected by reCAPTCHA and the Google. 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. A further complaint involves a bench conference at which the court urged the Defendant to get to the point before he exhausted the patience of the court and jury. For there can be no dispute, given the facts of this case, that the error committed by the trial court was prejudicial. Menu Log In Sign Up Houston, Texas, United States. Jun 2022 - Present11 months. Tom Bentley, who worked on the Defendant's car sometime after the killing, testified that he had used pieces of blue terry cloth towel from the trunk of the Defendant's car as grease rags. denied, 459 U.S. 1137, 103 S. Ct. 770, 74 L. Ed. App. 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." The court in the present case, however, was unusually active in directing the form that questioning should take. 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. Again, the import of this testimony was that the conversation between April's mother and the victim occurred, not that the victim's statement was true. See T.R.E. 111-129.) 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. He also objects to Cruze's testimony that the Defendant "sneaked around" her house for some period of time after the murder. The State asserts that it did. Defendant requested no further action and did not request the court to declare a mistrial. Madison County JACKSON A Jackson man died yesterday morning in a single-vehicle accident in eastern Oklahoma, the Highway Patrol reported. See, e.g., United States v. Polisi, 416 F.2d 573 (2d Cir.1969); United States v. Shaffer, 789 F.2d 682, 689 (9th Cir.1986). specializing in shoe track analysis. at 41. Author of the National Bestseller INCLUSIFY. On the afternoon of Friday, July 10, around 3:00 or 4:00 p.m., the Defendant came by April's house in an older model green and white 442 Oldsmobile Cutlass that he had just purchased.

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