gary june caughron

Their efforts are unappreciated by the public generally and undercompensated by the justice system they serve. For example, in Gregory v. United States, 369 F.2d 185 (D.C. Cir.1966), remanded, 410 F.2d 1016 (D.C. Cir.1969), cert. The trial court did not abuse its discretion in refusing to examine the State's files. 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. 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. 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. Then, on June 22, 1988, they took the first of six statements they would obtain from April Ward. 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?" 2d 1304 (1959): Thus, federal law permits the courts to overlook Jencks violations only in the narrowest of circumstances:[7]. Furthermore, there was no reversible error, if any, in failing to sustain the Defendant's objections since prejudice is not clearly shown. This description matched that of the ring Christy Jones Scott had found in her mother's driveway after the killing. Both this Court and the United States Supreme Court have rejected this and similar arguments. The Defendant insists that certain testimony of April Ward and her mother, Lettie Cruze, concerning statements made by the victim was inadmissible hearsay. App. Billy Strings Stays "California Sober" With Willie Nelson On New Single 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. The expectations placed on defense counsel in this case were completely unrealistic, and they resulted in a deprivation of due process with respect to his client. When the time came for Phillips to testify, he refused because, he said, his earlier statements were lies concocted to get a reward offered for any evidence that would help solve Jones's murder. Mary Ann Caughron (1939-2016) - Find a Grave Memorial The trial of this case lasted four days. Gary June Caughron - Sex Offender in Mountain City, TN 37683 - TN00122094 April testified that she then hit the victim in the head two times. To contact Judy, send them an email at [email protected] He was. Grady B Caughron (1919 - 2007) - Johnson City, TN As April described the scene, the Defendant turned Jones on her stomach and tried unsuccessfully to have sex with her. 1985). Get free summaries of new Tennessee Supreme Court opinions delivered to your inbox! April said that the Defendant tightened the terry cloth strip around Jones's neck, causing the victim to gasp. Knoxville, Tennessee. The court found it "grossly unfair" to permit this kind of prosecutorial misconduct, which had "unfairly hampered the defendants' investigation." Sharon Caughron OfficialUSA.com Records 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. D. Paine, Tennessee Law of Evidence, 103.3 (2d ed. Gary Lee Caughron, 68 - Hector, AR - Reputation & Contact Details 2d 1245 (Ala. Cr.App. 4 Samuel Frank Downey vs. State of Tennessee (03C01-9801-CR-00027) Hamilton Criminal Douglas Meyer 218154 Joseph M. Tipton Obituaries - Los Angeles Times United States v. Missler, 414 F.2d 1293, 1303-1304 (4th Cir.1969) (citations omitted) (emphasis added). STATE of Tennessee, Appellee, In Nichols v. State, 581 So. Again defense counsel indicated he would address any problem later but apparently failed to do so. While neither state nor federal trial judges can require advance disclosure of statements, U.S. v. Algie, 667 F.2d 569 (6th Cir.1982) and State v. Taylor, supra, prosecutors *536 should nevertheless avoid needless delay by following the State's example here. 669 F.2d at 11. Although, as previously noted, there have been few Tennessee cases interpreting Rule 26.2, there is a rich mine of federal case law involving the production of what is now universally referred to as "Jencks material." The trial court laid the blame for this predicament on the defendant's attorney. We are of the opinion that this senseless, and brutal killing clearly warrants the imposition of the death penalty. App. 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 gag, bound so tightly that it cut a deep groove into the corners of the victim's mouth, combined with the hemorrhaging in the nasal passages, had caused her to suffocate. When, in the summer of 1988, Tim McGaha had asked the Defendant if he had committed the murder, Caughron "just smiled." The prosecution did, however, insist that she be kept at home and then took advantage of her vulnerability and fear of punishment by advising her mother not to let April discuss the case with the defendant's attorneys. He was a member of Maples Branch Baptist Church and was retired from the City of Pigeon Forge. 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. 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. April 27, 2023. The proof is ambiguous as to whether the State gave Defendant this statement under Rule 16. Her skull had been fractured and the cartilage in her nose displaced by the beating. lab, who was Defendant's first witness. 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." In reaching this conclusion, I do not wish to minimize in any way the wholly reprehensible nature of the homicide committed in this case, against an innocent and ultimately helpless victim. 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. There is therefore no merit to this part of the issue. 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. Create, edit, and maintain all scheduling . Dr. Blake's testimony was that the head injuries would have rendered her unconscious. 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. 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. Similar beating of a victim was held to support a finding of aggravating circumstance (i)(5) in State v. Barber, 753 S.W.2d 659, 668 (Tenn. 1988); State v. McNish, 727 S.W.2d 490, 494 (Tenn. 1987); and State v. Cone, 665 S.W.2d 87, 94-95 (Tenn. 1984). Ogle said that he had turned over the package of witness statements to his investigator to review overnight, and that he had been able to read only one of April Ward's statements in the interim. In Dr. Pareau's opinion, Caughron had received inadequate parenting, and there had been no consistency in his relationships. 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. GARY JUNE CAUGHRON. The evidence fully supports the *544 jury's finding of the aggravating circumstance in 39-2-203(i)(5) (1982). April testified that Caughron entered the house by himself and then summoned her inside. When court resumed the next morning at 9:00 a.m., the defendant's lead attorney, Carl R. Ogle, told the trial judge even before the first witness was called that he appreciated having received copies of the witnesses' statements the night before, but that he had not had a chance to review all the material that had been turned over to him. Obituaries in Los Angeles County | Los Angeles Public Library 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. scientist Robert E. McFadden to the effect that the record was "full of proof" that the bedroom door had been knocked off its hinges. 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. 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. The two of them left the shops with Yoakum and went to April's mother's house, where the Defendant bathed. It is axiomatic that a trial judge should exercise care not to express any thought that might lead the jury to infer that the judge is in favor of or against the defendant in a criminal trial. Gary is currently based in Ruidoso, New Mexico. George Edward Hardin. [1] T.C.A. Edward was born on May 13 1911, in Obion County, Tn.. Alleen was born on November 17 1912, in Ridgely, Tn.. She had bled extensively from her mouth and nose. 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. 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. 24-1-101 was repealed in 1991 (Caughron was tried in 1990). Phillips had given a statement to law enforcement officials on July 15, 1987, in which he stated that two persons, a man and a woman who were not the defendant and April Ward, had approached him about robbing and killing a woman in Pigeon Forge, possibly the victim Dorothy Ann Jones, although Phillips did not give the woman's name. The hearsay statements sought to be admitted, however, bore none of the "persuasive assurances of trustworthiness" present in Chambers, see 410 U.S. at 302, 93 S. Ct. at 1048-1049 (confession made spontaneously to a close acquaintance soon after murder, corroborating evidence present, statement was self-incriminatory and unquestionably against interest). This constitutional violation is made all the more egregious by the fact that the trial court took note that it was imminent, but did nothing to prevent it. Under caselaw interpreting this statute, discovery of statements by witnesses other than the defendant was not permitted. Because she knew that her mother would have disapproved of her relationship with the Defendant if she had known his true age, April had told her mother that the Defendant was 18. See Baxter v. State, 503 S.W.2d 226, 230 (Tenn. Crim. The Defendant asserts on appeal that the statements should have been admitted because of constitutional considerations and cites Chambers v. Mississippi, 410 U.S. 284, 93 S. Ct. 1038, 35 L. Ed. [2] T.C.A. Thus, a reviewing court must consider the materiality of the withheld evidence in light of the other evidence presented. At his last interview, when confronted with falsehoods in his prior statements, Caughron became upset and walked out of the room.

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