gary june caughron

The boot print on the victim's bedroom door established that someone other than the defendant had kicked in the door. 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." With nothing more to go on than these allegations, the trial court did not err in excluding the statements. She had bled extensively from her mouth and nose. Gary June Caughron - Sex Offender in Mountain City, TN 37683 - TN00122094 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. 2d 297 (1973), and F.R.E. The Defendant first avers that the trial court abused its discretion in denying his motion for a continuance. Gary Robert Caughron was born on month day 1933, at birth place, Missouri, to Edward Wright Caughron and Alleen Inez Caughron (born Long). Gary June Caughron v. State of Tennessee - CourtListener.com Join Facebook to connect with Gary Caughron and others you may know. [8] And, no bloody shot-glasses were found at the scene of the crime. The physical and psychological demands on an attorney in trial, especially a criminal trial involving a capital offense, are heavy. CAUGHRON, ROY W. - age 54, of Sevierville, passed away Friday, January 11, 2013. It was April's testimony that it was only after the victim stopped moving that the other abuse occurred. Gary Caughron works at James M Russ II - Connect Realty, which is a Real Estate company. 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. PDF Supreme Court of Tennessee State List for Permission to Appeal Style 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 Put simply, the price of saving less than a half-hour of trial time turned out to be "penny wise but pound foolish.". 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. Later that day, Caughron spray-painted his car silver, as he told April, to prevent anyone who might have seen it the night before from identifying it. 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. 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. Focused on developing the leaders of the future today. This site is protected by reCAPTCHA and the Google. denied, 439 U.S. 873, 99 S. Ct. 207, 58 L. Ed. Gary June Caughron v. State of Tennessee - CourtListener.com Gary June Caughron v. State of Tennessee, 03C01-9707-CC-00301 (Tenn. Crim. In Nichols v. State, 581 So. Subsection (d) states that the court "may recess proceedings in the trial for the examination of such statement and for preparation for its use in the trial." We find no reversible error. 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. He argues that Jones was unconscious during most of the acts that occurred that night. Defense counsel was in effect asking the court as a regular practice, to speculate on the admissibility of evidence, without any idea of the context in which the evidence would be presented. 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 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. The lawyer was due back in court at 9:00 a.m. the next morning, approximately 13 hours later, ready for trial. 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. 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. Grady B Caughron of Johnson City, Washington County, Tennessee was born on December 25, 1919, and died at age 87 years old on May 19, 2007. Blausen Medical is a leading provider of illustration, animation and simulation for Health Care and related industries, providing . 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." Furthermore, no prejudice has been shown. Michael Gary Caughron, 59 - Port Lavaca, TX - MyLife.com 2d 43 (1979). 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. 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. 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. 2d 983 (1983). Brady v. Maryland, supra, 373 U.S. at 87, 83 S. Ct. at 1196-97. Records show that Sharon has one phone number, (919) 242-4415 (Carolina Tel and Tel Co , LLC) Although the complete non-disclosure of significant exculpatory evidence often makes an easy case for a due process violation, delayed disclosure requires an inquiry into whether the delay prevented the defense from using the disclosed material effectively in preparing and presenting the defendant's case. Shelby Caughron (1940 - 1986) - Dandridge, Tennessee The defendant also took a statement to this effect from Phillips. They walked to the victim's house from the parking lot of a nearby nursing home, where they had left the Oldsmobile. But, at least initially, she was not a cooperative witness. v. 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 Gina Caughron in TN - Address & Phone Number | Whitepages The federal courts have noted, however, "that in some situations denial of production of a Jencks Act type of statement might be a denial of a Sixth Amendment right." Moreover, the inconsistent statements of a witness are considered impeachment evidence favorable to a defendant. *529 Charles W. Burson, Atty. Id. We find no error, although the relevance of this evidence is marginal. Of course, no post-hoc pronouncement of competency by the trial court can make up for the fact that counsel was hobbled in his representation of Caughron by the denial of his motion for a Rule 26.2(d) recess. The FBI developed no forensic evidence implicating Caughron, despite extensive testing on fingerprints, shoeprints, blood and other fluids, and fibers. 39-13-206(c)(1)(D) [formerly T.C.A. [The statements are] not that different [from each other]." Crime Laboratory personnel. 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. 1984). Defense counsel apparently did not know until he received these documents from the prosecutor that April Ward had made six separate statements to police. 1987); State v. Howell, 698 S.W.2d 84, 86-87 (Tenn. Crim. The government showed him all statements except the one in which the companion admitted the actual killing. 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). 2d 603 (1967). George Cleveland Roach. Oklahoma troopers said Henry L. Boren, 80, apparently fell. 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. at 41. Supreme Court Denies Appeal in Sevier County Death Penalty Case 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. Copenhagen mayor to Solvang, California: Stop acting homophobic - Los In pertinent part, the Tennessee Rule reads as follows:[4]. denied, 444 U.S. 1013, 100 S. Ct. 661, 62 L. Ed. Federal case analysis on this point is compelling. T.C.A. Judy Caughron OfficialUSA.com Records In State v. Tanner, 175 W. Va. 264, 332 S.E.2d 277, 279 (1985), the Court held: "The question of whether the error was harmless or prejudicial hinges upon whether there was a substantial discrepancy between the contents of the prior statement or report and the witness's testimony during trial.". There was no abuse of discretion here. In 1940, in the year that Shelby Caughron was born, in July, Billboard published its first Music Popularity Chart. *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. View Gary June Caughron's Criminal Record Alias (es) Canghorn, Gary June Nichols, 581 So. Near the end of the direct examination, during a break in testimony taken to deal with an unrelated question, Ogle noted that it was 4:05 p.m.; he again reminded the trial judge that he had not had an opportunity to read all of April's prior statements; and he said, "I would ask the Court to allow me to start my cross-examination in the morning, because I am not prepared and there's no way in the world I can cross-examine this witness today." Gen., Nashville, Al Schmutzer, Jr., Dist. Defendant argues that the failure of the trial court to ask April Ward whether she understood the difference between telling the truth and a lie and whether she comprehended the importance of telling the truth rendered the competency evaluation conducted before she testified inadequate. ." This last statement was incorrect; but the proof elsewhere, including the photographs and McFadden's subsequent testimony as well as the court's own comments, made the mistake patent to the jury so that the Defendant could not have been prejudiced by the misstatement. at 78. 4 Samuel Frank Downey vs. State of Tennessee (03C01-9801-CR-00027) Hamilton Criminal Douglas Meyer 218154 Joseph M. Tipton Had April Ward been the State's first witness the morning of trial and had the State produced her statements after her direct examination, we are of the opinion that a two hour recess would have been adequate for counsel to properly prepare for cross-examination. 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. 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. The State asserts, correctly under T.R.A.P. 378. 855 S.W.2d 526 (1993) | Cited 4 times. Such a deprivation violates the right-to-counsel provision found in Article I, Section 9 of the Tennessee Constitution, as well as the Sixth Amendment of the federal constitution. 138.) 40-2441, enacted in 1963, permitted pretrial discovery of a confession or statement against interest made by the accused. The question of competency is a matter for the trial court's discretion. He also contends that this evidence was irrelevant. 601, see also T.C.A. 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. Hence, under Tennessee law, as under federal law, a prosecutor's refusal to produce the statements prior to direct examination cannot be held to be prejudicial error, even though it is often extolled as "the better practice." Finally, April testified, Caughron insisted that they drink some of the victim's blood from shot glasses that he produced for the occasion. The evidence fully supports the *544 jury's finding of the aggravating circumstance in 39-2-203(i)(5) (1982). Caughron cleaned himself in the store's restroom. Defense counsel then argued that he should be allowed to read Phillips' previous statements into evidence because Phillips was "unavailable" under T.R.E. After looking at a newspaper article mentioning the homicide, the Defendant told Haynes that he thought his girlfriend was "snitching" on him. What are you doing?" App. 1980); see also State v. Taylor, 669 S.W.2d 694, 698-700 (Tenn. Crim. 39-13-204(i)(5) [previously 39-2-203(i)(5)]. 373 U.S. at 84, 83 S. Ct. at 1195. 02/14/94 STATE TENNESSEE v. VICTOR JAMES CAZES . After a recess, during which the jury went to lunch, the judge informed counsel that after reflection he had concluded that he should change the charge to conform more to the language of T.C.A. The District Attorney in this case provided defense counsel with April Ward's six statements at 7:15 p.m. on the evening before April Ward's testimony. 1990), the writers suggest that leading questions may be used to shorten the time needed for a witness to testify or to facilitate the direct examination of a young or otherwise impaired witness. Carl R. Ogle, Jr., Jefferson City, for appellant. It points out the obvious that April Ward's testimony not only made her the prosecution's "linchpin witness," but also constituted virtually the entire case for the state. State v. Daniel, 663 S.W.2d 809 (Tenn. Crim. 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. 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. *542 The trial court held him in contempt. Caughron then took April aside and warned her not to tell what had happened. [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. App. State v. Caughron :: 1993 :: Tennessee Supreme Court - Justia Law But in the wake of this initial ruling, the Court has set the threshold for determining harmlessness at a very high level. In United States v. Enright, 579 F.2d 980 (6th Cir.1978), the Sixth Circuit held that no due process Brady violation occurred because the failure to disclose material exculpatory evidence had been discovered in time for "full and adequate correction." 148, 458 S.W.2d 627 (1970). These injuries were consistent with those caused by a blunt or rounded object and would have rendered Jones unconscious at some point. Gary is related to Gitta E Caughron and Marsha A Caughron. 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. Harry Caughron Obituary (2010) - Culpeper, VA - Orange News - Legacy.com I am authorized to say that Chief Justice REID joins in this opinion. Defendant's next objection was to the testimony of April's mother that the victim had told her that as a rule she did not get involved in other people's affairs but that she thought "April was a sweet little girl and she didn't trust Gary Caughron." One night, two or three weeks before the murder, Ann Jones made the Defendant Caughron, who had been drinking, leave her shop because he was acting in a disorderly manner. 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 . The terry cloth strips around the victim's neck had been pulled so tightly that they had cut off the flow of blood to the victim's brain. According to April, Jones cried and pleaded with them not to hurt her, but the two told her she was going to die. Gary Caughron - Address & Phone Number | Whitepages 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. The trial court also has broad discretion in controlling the course and conduct of the trial. App. For persons dying between 1940-1997, you can order a copy of the death certificate via Ancestry.com for a fee. 3500, known from the time of its passage in 1957 as the Jencks Act. Agent Davenport did not testify about the attempted suicide. 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. They used to work at Ruidoso Residential Properties. Sharon currently resides at 966 Pinkney Rd, Kenly, NC. [5] Likewise, it took the author of this opinion a full hour to read rapidly through the statements of April Ward, without taking notes or marking the statements for comparison purposes. You're all set! 1980); State v. Nelson, 603 S.W.2d 158, 168 (Tenn. Crim. Although instructing a witness not to talk with defense counsel may constitute a due process violation, some courts, emphasizing the requirement of prejudice, have found no constitutional error when the defendant does not appear to have been harmed by the misconduct.

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