." With a few exceptions, see, e.g., Tenn.R.Evid. 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. DAUGHTREY, J., and REID, C.J., dissent. 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 . But this is not a routine case it is a capital case, one in which the defendant was ultimately sentenced to execution, based entirely on the testimony of 16-year-old April Ward, an accomplice who had given police a total of six contradictory statements, all of which had been systematically withheld from defense counsel despite legitimate efforts, both informal and formal, to obtain them prior to and at the time of trial. There would be little logic in requiring statement production only at trial, and not at pretrial hearings where testimony as to the facts of the case is being given under oath. 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. To contact Judy, send them an email at judy.caughron@aol.com State v. Taylor, 771 S.W.2d 387, 391 (1989). See also Boone v. Paderick, 541 F.2d 447 (4th Cir.1976); United States v. Sutton, 542 F.2d 1239 (4th Cir.1976). 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. See Giglio v. United States, 405 U.S. 150, 154, 92 S. Ct. 763, 766, 31 L. Ed. 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. Gary Caughron works at James M Russ II - Connect Realty, which is a Real Estate company. 729 F.2d at 260-61. The Defendant avers that the trial court erred in not declaring a mistrial because of a juror's comments. Sharon was born on 09.01.67. Only if the suppression prevents material exculpatory evidence from effectively being used at trial is there a due process violation. 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. They walked to the victim's house from the parking lot of a nearby nursing home, where they had left the Oldsmobile. 39-13-204(i)(5) [previously 39-2-203(i)(5)]. 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. Leadership role overseeing approximately 40 technicians in a fast paced environment. 1971). The Defendant says that the court was disparaging the Defendant's evidence. View Gary June Caughron's Criminal Record Alias (es) Canghorn, Gary June 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. Carter v. Rafferty, 826 F.2d 1299, 1308 (3d Cir.1987). 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. Also, the language of T.R.E. This was about 40% of all the recorded Caughron's in USA. The two of them left the shops with Yoakum and went to April's mother's house, where the Defendant bathed. Having reached his professional and financial goals, he took an extended . 1985). Our examination of the record shows at least five occasions when Defendant objected to the State's questioning of Ward as leading. 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 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." [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." In the package were over 100 pages of typewritten and handwritten materials, comprising the statements of 20 different persons. 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. 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. The purpose of Rule 26.2 is to enable counsel to examine a witness's statements in order to test the credibility of that witness at trial. [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. Courts will find prejudice, however, when defendant's pre-trial preparation is hampered by the inability of counsel to assess the credibility of witnesses. We therefore affirm the conviction of first degree murder and the sentence of death. The week before the murder, according to April, she and the Defendant began talking about going to the victim's house. A careful reading would consume much more than the two-hour estimate given in the majority opinion. In 1840 there were 2 Caughron families living in Tennessee. See State v. Payne, 791 S.W.2d 10, 16 (Tenn. 1990); State v. James, 688 S.W.2d 463, 466 (Tenn. Crim. Gary was born in Nevada, Mo., on Oct. 11, 1963, to Robert and Elizabeth (Wolf) Caughron. Jerry Springer longtime syndicated talk-show host and former Cincinnati mayor died Thursday at his home in the suburbs of Chicago. Associate Professor . (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.) 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. 378. After drinking the blood, April said, she went to the bathroom to throw up, but did not. The Defendant first avers that the trial court abused its discretion in denying his motion for a continuance. Krilich v. United States, 502 F.2d 680 (7th Cir.1974). In Dr. Pareau's opinion, Caughron had received inadequate parenting, and there had been no consistency in his relationships. The Defendant specifically cites to interruptions by the court occurring during defense counsel's direct examination of Robert McFadden, a fingerprint expert from the T.B.I. The lawyer was due back in court at 9:00 a.m. the next morning, approximately 13 hours later, ready for trial. D. Paine, Tennessee Law of Evidence, 103.3 (2d ed. 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. Brady v. Maryland, supra, 373 U.S. at 87, 83 S. Ct. at 1196-97. App. The Defendant insists that certain testimony of April Ward and her mother, Lettie Cruze, concerning statements made by the victim was inadmissible hearsay. The Defendant asserts that Phillips' recantation is a lie, pointing out that no reward was being offered on July 15, 1987. April further testified that after her mother went to sleep, she cut a blue terry cloth towel into strips and waited for Caughron to arrive. Top recordings of the year were Tommy Dorsey's "I'll Never Smile Again" (vocal Frank Sinatra) - 12 weeks at the top, Bing Crosby's "Only Forever" - 9 weeks at the top, and Artie Shaw's "Frenesi" - 12 weeks at the top. 94-626-II Joseph M. Tipton Affirmed Rule 11 Denied - Application of Gary June Caughron. At the beginning of trial the Defendant asked the court to inspect the files in camera to look for any possible exculpatory evidence. Harold Stoffell, a minister, testified that the Defendant had accepted the word of God, was respectful and was "the finest young prisoner I've ever saw." Taylor, 771 S.W.2d at 391. [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. 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. App. George Cleveland Roach. 111-129.) The trial court did not abuse its discretion in requiring the Defendant to object when questions were actually asked. denied, 396 U.S. 865, 90 S. Ct. 143, 24 L. Ed. Taylor, of course, stands for the obvious proposition that on motion, "a[] statement of the witness that relates to the subject matter concerning which the witness has testified" must be "produce[d] for the examination and use of the moving party," but only "[a]fter [that] witness has testified on direct examination." 5249 HWY 67W MOUNTAIN CITY, TN 37683. The State asserts that the Defendant waived this issue. When a prosecutor deliberately conceals a material witness and the defense is thereby prejudiced, a due process violation results. Dr. Blake was a board certified forensic pathologist in practice in that field since 1963. 1975). He was also denied discovery of her statements prior to trial, and he was forced to conduct cross-examination of the state's crucial witness without the benefit of adequate preparation. Under caselaw interpreting this statute, discovery of statements by witnesses other than the defendant was not permitted. This site is protected by reCAPTCHA and the Google. Further, our comparative proportionality review convinces us that the sentence of death is neither excessive nor disproportionate to the penalty imposed in similar cases, considering both the nature of the crime and the Defendant. However, they are treated in this opinion not as independent grounds for relief, but as due process violations that exacerbated the Jencks error in this case, making it obvious reversible error. Statements that Caughron made to friends and associates were incriminating to some extent, but for the most part were brief and ambiguous. These depictions are certainly not pleasant, but they are not shocking or gruesome. The most serious episode of interjection occurred when the trial judge literally took over the questioning of the witness. 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. For example, in Kines v. Butterworth, 669 F.2d 6 (1st Cir.1981), cert. 39-13-206(c)(1)(D) [formerly T.C.A. When Bentley had asked the Defendant why he wanted to paint the car, Caughron replied, "Well, the lady that got killed, somebody might recognize it and I need to paint it. 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. Finally, in United States v. Moceri, 359 F. Supp. The due process violation in this case began with a police directive to April Ward's mother, Lettie Marie Cruze, not to let April talk to the defendant's counsel during the investigatory stage of this case. 2d 104 (1972); United States v. Bagley, 473 U.S. 667, 105 S. Ct. 3375, 87 L. Ed. You're all set! 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. The phone lines to the house had been cut. Complaining that she had "tightened up on him," he then slapped the victim on the right buttock. 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. 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. The Defendant next argues that Dr. Blake was not qualified to characterize the injuries on the victim's back as "whipping marks" and those on her buttock as a slap injury. Over 20 years of Infrastructure and Application Systems Design, Implementation, Upgrades and Maintenance. 73 (D.Colo. State v. Hartman, 703 S.W.2d 106, 116 (Tenn. 1985); Lillard v. State, 528 S.W.2d 207, 212 (Tenn. Crim. Owner: caughron gary & sharon Tax Year: 2016 Tax Amount: $82.32 Total Market Value: $8,400 Sale Price: $55,000 +Edit Past Address 505 Orchard Rd, Hector, AR 72843 View Address +Edit Past Address 7346 Sr 105 N, Russellville, AR 72802 View Address +Edit Past Address Hc 33 Box 17, Tilly, AR 72679 View Address +Edit Personal Details View All The majority "emphasize[s] that this case does not involve the denial of Rule 26.2 statements." United States v. Augenblick, 393 U.S. 348, 356, 89 S. Ct. 528, 533, 21 L. Ed. MG100 Coach. After working in a law firm briefly, he became a public defender, then worked as a trial lawyer in California. Dr. Pareau felt that Defendant would not be a physical threat to society or other prison inmates. 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. 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. It should be emphasized that this case does not involve the denial of Rule 26.2 statements. 1980); see also State v. Taylor, 669 S.W.2d 694, 698-700 (Tenn. Crim. As a result, defense counsel was not only prevented from gathering information that could have been developed from interviewing April Ward. 2d 457 (1985) (citing United States v. Higgs, 713 F.2d 39 (3d Cir.1983)), that "no violation occurs as long as Brady material is disclosed to a defendant in time for its effective use at trial." The crucial evidence Defendant alleged Tippens possessed was his knowledge that there were groceries in the victim's truck when the body was discovered. Although the trial court told defense counsel that he could explore this situation "later at a proper time," counsel never did so. App. v. 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. Put simply, the price of saving less than a half-hour of trial time turned out to be "penny wise but pound foolish.". Their efforts are unappreciated by the public generally and undercompensated by the justice system they serve. Rule 26.2(a) states: "After a witness has testified on direct examination, the trial court, on motion shall order the attorney to produce, for the examination and use of the moving party, any statement of the witness that is in their possession and that relates to the subject matter concerning which the witness has testified." 2d 43 (1979). He was an oil field inspec scientist Robert E. McFadden to the effect that the record was "full of proof" that the bedroom door had been knocked off its hinges. We therefore affirm the convictions and the sentences. Furthermore, no prejudice has been shown. 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. 373 U.S. at 84, 83 S. Ct. at 1195. In the past, Michael has also been known as Michael G Caughron, Michael Gary Caughron, Mike G Caughron, Michael Cauchron and Michael Coughron. 24-1-101 was repealed in 1991 (Caughron was tried in 1990). Respondent filed a reply in support of his motion on June 27, 2017 (Doc. 138.) The Defendant suggested that April accompany Jones to her house after *531 work and give him directions on how to get there. 2. See State v. Melson, 638 S.W.2d 342, 368 (Tenn. 1982), cert. April said that the Defendant tightened the terry cloth strip around Jones's neck, causing the victim to gasp. NECX PO 5000 MOUNTAIN CITY, TN 37683. 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. Costs are adjudged against the Defendant. To condone the trial court's action in the name of avoiding delay in the trial, or from some misplaced sympathy for the accomplice, is to make a mockery of the procedural guarantees expressed in our modern rules of procedure and in case law interpreting the reach of due process in criminal trials. Ogle had been a boyfriend of Teresa Goad, one of the victim's daughters. As one commentator has noted, once a Jencks statement is deemed producible, "the defendant's right to the statement is virtually absolute." 1978). These injuries were consistent with those caused by a blunt or rounded object and would have rendered Jones unconscious at some point. The trial court did not err in admitting the testimony. 39-13-204(d), specifically grants the State the right of closing. Gary June Caughron vs. State of Tennessee (03C01-9707-CC-00301) Sevier Criminal John K. Byers, Sr.J. The evidence fully supports the *544 jury's finding of the aggravating circumstance in 39-2-203(i)(5) (1982). *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. In judging whether a defendant has been denied due process by the state's directive to a potential witness not to talk to defense counsel, the courts use an analysis much like that used in Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2255"). The trial court wished to proceed, apparently to allow April Ward to finish her testimony that day. The woman was bound, beaten and strangled with cloth strips. 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. In this case the proof vividly shows that this murder involved both torture and depravity of mind. Sharon currently resides at 966 Pinkney Rd, Kenly, NC. The United States Supreme Court held early on that a Jencks violation could be considered harmless error. 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. 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 court denied counsel's request for another night in which to review the statements. Gary Caughronwas born on 03/07/1955 and is 67 years old. 2d 1103 (1957). 801(c); State v. Coker, 746 S.W.2d 167, 173 (1987). April 29Los Angeles, CALong Story Short: Willie Nelson 90 at the Hollywood Bowl (SOLD OUT) April 30Los Angeles, CALong Story Short: Willie Nelson 90 at . To ask in addition that he read over 100 pages of witness *553 statements, including 64 pages of April Ward's statements, make a study of the many inconsistencies revealed in those statements, and devise a strategy for cross-examination based on his review, is simply unreasonable. At the very least, the majority should offer some guidance on the nature and extent of the trial court's discretion in this area of *550 the law and should set standards for determining when an abuse of that discretion has occurred. Hence, I respectfully dissent from the majority opinion. After allowing the Defendant to approach the bench prior to the testimony of Dr. Cleland Blake, April Ward, Jimmy Lynn Huskey, and Lettie Marie Cruze, when the State called witness Robert Yoakum, and defense counsel again approached the bench, the trial court refused to continue to "pre-review" the testimony, told defense counsel to object to questions as they were asked, and promised that it would then rule on the objections. 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. 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. Dr. Madeline Pareau, a clinical psychologist, testified that Defendant's full IQ was 78, "just a little above mentally retarded classification." For persons dying between 1940-1997, you can order a copy of the death certificate via Ancestry.com for a fee. He then struck her brutally and repeatedly about her head until, according to April Ward, she no longer moved. 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 Dr. Stefanie K. Johnson. 02/14/94 STATE TENNESSEE v. VICTOR JAMES CAZES . Lettie Marie Cruze, April's mother, testified that she had sold the Defendant a silver ring with turquoise and coral inlay and a thunderbird design. The testimony involving drug use, "satanic" sketches and listening to rock music, while corroborating statements made by the accomplice, should not have been admitted but there is no harmful error under the facts of this record since April Ward's testimony had already presented these features of the Defendant's character. We find no error in the guilt phase or sentencing phase of this case. denied, 419 U.S. 864, 95 S. Ct. 119, 42 L. Ed. There was no abuse of discretion here. 1987); State v. Howell, 698 S.W.2d 84, 86-87 (Tenn. Crim. In the absence of proof to the contrary, it is assumed that all of the jurors who rendered the verdict were impartial and qualified and that a mistrial was not warranted. We find no reversible error. Create, edit, and maintain all scheduling . App. A list of the contradictions in the six statements and the development of a strategy for their effective use on cross-examination would, of course, take even longer.

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