The defendant must show that the state withheld favorable, material evidence and that its suppression was prejudicial to the defendant's case. 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. 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." The admission of expert testimony is largely in the discretion of the trial judge. 1980). Elizabeth T Caughron, Jack L Caughron, and four other persons are also associated with this address. 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. According to the state's forensic pathologist, Dr. Cleland Blake, Jones had suffered several "blunt traumatic contusions" to her head. See generally Baxter v. Rose, 523 S.W.2d 930, 936 (Tenn. 1975). He was. Brooks v. State, 187 Tenn. 67, 213 S.W.2d 7, 10 (1948). 1982). 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. has since been changed to "Every person is presumed competent to be a witness except as otherwise provided in these rules or by statute.". Caughron Name Meaning & Caughron Family History at Ancestry.com Jun 2022 - Present11 months. 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. View the profiles of people named Gary Caughron. 5249 HIGHWAY 67 WEST MOUNTAIN CITY, TN 37683. See Lockhart v. McCree, 476 U.S. 162, 106 S. Ct. 1758, 90 L. Ed. Casey Caughron - Manager, IT Operations - WaterOne | LinkedIn [Emphasis added.] (Emphasis added.). This request was denied, and April Ward's direct examination followed immediately. Statements that Caughron made to friends and associates were incriminating to some extent, but for the most part were brief and ambiguous. Nevertheless, the trial judge not only forced defense counsel to begin his cross-examination of April Ward at that late hour, but he also failed to recess until cross-examination was completed, some considerable period of time later that evening. The first day was consumed by arguments and rulings on unfinished pretrial business, including defense counsel's request that the trial court order early production of witness statements, and by selection of the jury. Despite assertions that he had been informed that the State had failed and refused to disclose certain material, Defendant never requested the court to examine any specific document or evidence. 875 S.W.2d 253 (1994) | Cited 9 times . 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." Gary Allen Caughron Obituary (1963 - 2015) Poteau Daily News April Ward's mother, Lettie Marie Cruze, worked at the Turquoise Jewelry Shop in Settler's Village, a group of shops in Pigeon Forge. Unable to complete the sex act with Jones, the Defendant suggested sex with April. [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. Author of the National Bestseller INCLUSIFY. Gary R Caughron, (618) 344-4510, 1891 Luehmann Ln, Granite City, IL Gary June Caughron - Sex Offender in Mountain City, TN 37683 - TN00122094 App. 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. 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. Gary Caughron - James M Russ II - Connect Realty | ZoomInfo The Defendant also challenges comments by the court during the direct examination of T.B.I. The Defendant avers that the trial court erred in not permitting him to make the final closing argument at sentencing. 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 court urged the defense counsel to move along by directing the examination to the evidence that was material and important for the jury to consider. lab, who was Defendant's first witness. 1973); United States v. Matlock, 491 F.2d 504 (6th Cir. 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. at 41. A similar error occurred in this case. If the issue is not considered waived, there is no indication in the record and no reason to believe that the jurors who remained were prejudiced against the Defendant by the juror's remark, which was a comment upon counsel's repetitive questioning not upon the merits of the case. 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. In lieu of flowers, the family is . Select this result to view Gary Richard Caughron's phone number, address, and more. He argues that Jones was unconscious during most of the acts that occurred that night. Nos. 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. There was, in short, no violation of Rule 26.2 and thus no error, in the majority's view. Ogle had been a boyfriend of Teresa Goad, one of the victim's daughters. Carl R. Ogle, Jr., Jefferson City, for appellant. After looking at a newspaper article mentioning the homicide, the Defendant told Haynes that he thought his girlfriend was "snitching" on him. About. 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. 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. Although April's testimony was confused as to exact chronology, it appears that at some point, Jones was gagged to stop her screaming and tied up with the strips of towel and sheer material. Join Facebook to connect with Gary Caughron and others you may know. See State v. Jenkins, 733 S.W.2d 528, 532 (Tenn. Crim. The court denied counsel's request for another night in which to review the statements. DAUGHTREY, J., and REID, C.J., dissent. Jones instructed him to stay away. He had conducted 2500 forensic investigations. In the majority's judgment, two hours would have been sufficient time to comply with the requirements of Rule 26.2. The material consisted of "a stack of paper at least eight inches thick, including a thousand pages of testimony obtained from ten witnesses, a forty-five minute tape recording and other documents." Supreme Court of Tennessee, at Knoxville. [2] Weatherford v. Bursey, 429 U.S. 545, 97 S. Ct. 837, 51 L. Ed. For example, in Clancy v. United States, 365 U.S. 312, 81 S. Ct. 645, 5 L. Ed. John Wesley Caughron (deceased) - Genealogy 2d 30 (1977); State v. Brownell, 696 S.W.2d 362, 363 (Tenn. Crim. At the beginning of trial the Defendant asked the court to inspect the files in camera to look for any possible exculpatory evidence. App. The courts already demand much of attorneys appointed to represent indigent defendants, especially those who (like Caughron) face imposition of the ultimate penalty. April later testified that after the Defendant hit Jones several times with the pool stick, Jones fell across her bed, became silent and stopped moaning. 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. Gary Allen Caughron, 51, of Cameron died Tuesday, June 2, 2015, in Fort Smith, Ark. The phone lines to the house had been cut. Less than ten minutes later, he completed his questioning and tendered the witness to the defense for cross-examination. App. Gary June Caughron v. State of Tennessee - CourtListener.com Gary June Caughron v. State of Tennessee, 03C01-9707-CC-00301 (Tenn. Crim. No hearsay was involved. We would strongly recommend early production of statements of witnesses in order to expedite the trial of the case and avoid lengthy recesses during trial. App. No. The Defendant insists that certain testimony of April Ward and her mother, Lettie Cruze, concerning statements made by the victim was inadmissible hearsay. See, e.g., State v. Jenkins, supra, 733 S.W.2d at 532; Pique v. State, 480 S.W.2d 546, 550-551 (Tenn. Crim. 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. Bowman v. State, 598 S.W.2d 809, 812 (Tenn. Crim. 2d 43 (1979). Atty. 148, 458 S.W.2d 627 (1970). at 770). 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. 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. At his last interview, when confronted with falsehoods in his prior statements, Caughron became upset and walked out of the room. Again defense counsel indicated he would address any problem later but apparently failed to do so. 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. Gary June's Instagram, Twitter & Facebook on IDCrawl Byrnes v. United States, 327 F.2d 825, 832 (9th Cir.1964). The Defendant argues that questioning jurors about their beliefs on the death penalty biases the jury toward a finding of guilt and acceptance of the death penalty in violation of the Fifth, Sixth and Fourteenth Amendments to the United States Constitution and Article I, 8 and 9, of the Tennessee Constitution. 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?" Over 10 years of leadership and team building that collaborate to save . The Defendant suggested that April accompany Jones to her house after *531 work and give him directions on how to get there. Dr. Madeline Pareau, a clinical psychologist, testified that Defendant's full IQ was 78, "just a little above mentally retarded classification." 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. Id. [3] In Brady, the defendant requested the out-of-court statements of his companion during the murder. It did not provide for the production of statements by witnesses under any circumstances. Under State v. Banks, 564 S.W.2d 947 (Tenn. 1978), the trial court did not abuse its discretion in permitting their introduction. The Defendant told Haynes that when he woke up the next morning he had blood all over him and that he did not know whether or not he had killed the victim. For there can be no dispute, given the facts of this case, that the error committed by the trial court was prejudicial. 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. Menu Log In Sign Up 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. Palermo v. United States, 360 U.S. 343, 345, 362, 79 S. Ct. 1217, 1221, 1229-30, 3 L. Ed. 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. 801(c); State v. Coker, 746 S.W.2d 167, 173 (1987). The State asserts, correctly under T.R.A.P. denied, 456 U.S. 980, 102 S. Ct. 2250, 72 L. Ed. It must be clearly shown that a trial court has abused its discretion in refusing to grant a continuance before that decision will be disturbed on appeal. 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." His fingerprints were not found in the house. No. 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 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. [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. On their way to Ann Jones's house April and the Defendant drank alcohol and took drugs. The physical and psychological demands on an attorney in trial, especially a criminal trial involving a capital offense, are heavy. Nevertheless, when the state instructs a witness not to talk to defense counsel and defendant's trial preparation is thereby hindered, or other prejudice results, due process may be violated. Obviously, Rule 26.2(c) applies to such pretrial motion hearings. 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. 1971). 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. 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. Id. According to the history given by the Defendant, his mother had started acting "quite wild" after the divorce, drinking and dating. In this case, prejudice is clear. Accord, United States v. Winner, 666 F.2d 447, 448-449 (10th Cir.1981); United States v. Knowles, 594 F.2d 753, 755 (9th Cir.1979); United States v. Aaron, 457 F.2d 865, 869 (2nd Cir.1972). Informing the jury that "[t]rue or untrue, you may consider that this conversation took place," the trial court overruled Defendant's objection. 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. Finally, April testified, Caughron insisted that they drink some of the victim's blood from shot glasses that he produced for the occasion. 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. The majority here finds no error in the trial court's ruling. Leadership role overseeing approximately 40 technicians in a fast paced environment. This advance production satisfied the State's duty under Rule 26.2 and avoided the needless delay of the trial. 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. We do not find that the trial court abused its discretion in refusing to grant Defendant's motion for a continuance. 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." In the package were over 100 pages of typewritten and handwritten materials, comprising the statements of 20 different persons. These injuries were consistent with those caused by a blunt or rounded object and would have rendered Jones unconscious at some point. Such statements may only be obtained under the limited provisions of existing law now contained in Rule 6(k)(2). Grady B Caughron (1919 - 2007) - Johnson City, TN We find no error, although the relevance of this evidence is marginal. The court stated: Id. When, in the summer of 1988, Tim McGaha had asked the Defendant if he had committed the murder, Caughron "just smiled." PDF Supreme Court of Tennessee State List for Permission to Appeal Style Crime Laboratory personnel. 2d 82; or where the statement is not exculpatory and there was no advantage to the government in non-production, United States v. Principe, 499 F.2d 1135 (1st Cir.1974). 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. 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. 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. 729 F.2d at 260-61. 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.
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