gary june caughron

App. ", Jimmy Lynn Huskey testified that in 1986, when he and the Defendant were friends, the Defendant had a pool stick that came apart like the one Ward had described and that Defendant kept light-colored lace table cloth or curtain material in his car similar to the sheer material used to tie up Jones. Sharon currently resides at 966 Pinkney Rd, Kenly, NC. 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. The proof is ambiguous as to whether the State gave Defendant this statement under Rule 16. At trial, he testified that the Defendant appeared nervous and had a small cut on his face. 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. Create, edit, and maintain all scheduling . The court quoted Gregory at length, as well as Gallman v. State, 29 Ala.App. NECX PO 5000 MOUNTAIN CITY, TN 37683. 40-2441, enacted in 1963, permitted pretrial discovery of a confession or statement against interest made by the accused. However, the officers were not eyewitnesses; their testimony contained no surprises; counsel did not request a recess after the direct examinations; and cross-examination of the witnesses was thorough. [1] T.C.A. These factors contribute to what inevitably becomes a subjective assessment of the damage likely to have been done by the state's misconduct. 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. 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 law is well-settled that prospective witnesses do not belong to either party, and for this reason neither side should suggest that a witness refrain from talking to opposing counsel. 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." scientist Robert E. McFadden to the effect that the record was "full of proof" that the bedroom door had been knocked off its hinges. [2] T.C.A. Gary June Caughron. 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. denied, 419 U.S. 864, 95 S. Ct. 119, 42 L. Ed. The majority notes that the provisions of Rule 26.2 can be traced directly to Federal Rule of Criminal Procedure 26.2, which in turn was based on the federal "Jencks Act," 18 U.S.C. In it, she disavowed any knowledge of the details of the murder, but made allegations that implicated Caughron, with whom she was no longer romantically engaged. Gary R Caughron, (618) 344-4510, 1891 Luehmann Ln, Granite City, IL Paltorah testified that the print on the door was consistent with a smooth-soled shoe as opposed to the tennis shoe worn by the Defendant. 2d 119 (1969), the prosecuting attorney advised the witnesses to two robberies not to talk to anyone in his absence. The majority "emphasize[s] that this case does not involve the denial of Rule 26.2 statements." denied, 459 U.S. 1137, 103 S. Ct. 770, 74 L. Ed. See, e.g., Bryant v. State, 539 S.W.2d 816, 819 (Tenn. Crim. 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. Hinton, supra, at 780. The record reflects that "it took an experienced attorney twenty-four hours to read through this material once in preparation for this appeal."[5]Id. Carl R. Ogle, Jr., Jefferson City, for appellant. When she returned to the bedroom, she saw the Defendant striking Jones's back with the pool stick. Taylor, 771 S.W.2d at 391. Furthermore, there was no reversible error, if any, in failing to sustain the Defendant's objections since prejudice is not clearly shown. 608 and 609, the trial court is given broad discretion in the timing of its decisions on the admissibility of evidence. 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. 804. denied, 459 U.S. 1137, 103 S. Ct. 770, 74 L. Ed. The time needed for a reasonable examination is necessarily related to the length and complexity of the statements. 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. Noting that the statements were admitted falsehoods, the trial court refused to allow their introduction. The court was also requested to have copies of all these files sealed and filed for any appeal. 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. DAUGHTREY, J., and REID, C.J., dissent. Ward testified that she and Caughron also sat on the floor and drank Jones' blood from shot glasses. Gary June Caughron v. State of Tennessee - CourtListener.com Gary Caughron, 67 - Capitan | Free Public Reputation Profile - MyLife.com See also Boone v. Paderick, 541 F.2d 447 (4th Cir.1976); United States v. Sutton, 542 F.2d 1239 (4th Cir.1976). He was preceded in death by his parents Harmon and Alma Caughron, sisters Pauline,. 1980); State v. Nelson, 603 S.W.2d 158, 168 (Tenn. Crim. Finally, April testified, Caughron insisted that they drink some of the victim's blood from shot glasses that he produced for the occasion. Bentley testified that the rags matched the towelling that he was shown at trial, which had been tied around the victim's body. Ann Jones ran the Wild Hare Tee Shirt Shop in this same shopping center. The phone numbers associated with Judy: (478) 923-6928 (Bellsouth Telecommunications, LLC), (478) 284-7727 (Sprint Spectrum LPBellsouth Telecommunications, LLC). 1985). 1971). App. The crucial evidence Defendant alleged Tippens possessed was his knowledge that there were groceries in the victim's truck when the body was discovered. 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. Michael Caughron , 59. Menu Log In Sign Up 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. In pertinent part, the Tennessee Rule reads as follows:[4]. Thus, a reviewing court must consider the materiality of the withheld evidence in light of the other evidence presented. The Defendant first avers that the trial court abused its discretion in denying his motion for a continuance. Noting the conclusions of the Seventh, Tenth, Third and Eighth Circuits, that court held that "[t]he point in the trial when a disclosure is made is not in itself determinative . That court found that "only in the context of either a complete deprivation of discovery or resulting prejudice" does a due process violation occur. For example, in Clancy v. United States, 365 U.S. 312, 81 S. Ct. 645, 5 L. Ed. C. Robert Caughron 21 Aug 1925 Webb City, Jasper, Missouri, United States - 17 Dec 1989 Willis Caughron abt 1815 Kentucky, United States - abt 1861 managed by Larry Shelley last edited 30 May 2021 William Caughron abt 1784 Virginia, United States Like the Tennessee rule, the Jencks Act and the federal rule require not only that the defendant be furnished with the prior statements of witnesses following direct examination, but also that defense counsel be afforded a reasonable opportunity to examine those statements and prepare for cross-examination based on their contents. April then became upset with Ann Jones because of a conversation Jones had had with her mother that led to her mother's disapproval of the relationship. April said that the Defendant tightened the terry cloth strip around Jones's neck, causing the victim to gasp. Gary June - Chief Marketing Officer - Blausen Medical | LinkedIn She testified that the Defendant kicked in the bedroom door, which was locked. The court denied counsel's request for another night in which to review the statements. 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. 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. 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 sentence will be carried out as provided by law on the 10th day of August, 1993, unless otherwise ordered by this Court or by other proper authority. Caughron cleaned himself in the store's restroom. Although the trial court told defense counsel that he could explore this situation "later at a proper time," counsel never did so. See Lockhart v. McCree, 476 U.S. 162, 106 S. Ct. 1758, 90 L. Ed. denied, 456 U.S. 980, 102 S. Ct. 2250, 72 L. Ed. Complaining that she had "tightened up on him," he then slapped the victim on the right buttock. 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. During the course of their investigation, the police directed April Ward's mother, Lettie Cruze, not to permit April to talk with defense counsel. Arterburn v. State, supra, 391 S.W.2d at 657; State v. Braggs, 604 S.W.2d 883, 886 (Tenn. Crim. The woman was bound, beaten and strangled with cloth strips. She said that the Defendant instructed her to bring a towel and a knife "to gut" Ann Jones. Costs are adjudged against the Defendant. This advance production satisfied the State's duty under Rule 26.2 and avoided the needless delay of the trial. View the profiles of people named Gary Caughron. The statute, T.C.A. Their efforts are unappreciated by the public generally and undercompensated by the justice system they serve. The trial court did not abuse its discretion in requiring the Defendant to object when questions were actually asked. In 1840 there were 2 Caughron families living in Tennessee. The first was his aunt, Gladys Green, who told how his mother and father had divorced when the Defendant was three or four years old. 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. Gen. and Reporter, Merrilyn Feirman, Asst. Gary Caughron - Cloud Platform Administrator - SAS | LinkedIn Furthermore, no prejudice has been shown. App. 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. This was about 40% of all the recorded Caughron's in USA. 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." Outside, she said, the Defendant used the knife he had given her to cut the telephone lines to make it appear that whoever had killed Jones had not wanted her to use the telephone. When April's mother commented that "he looked like some sort of wild woman got a hold of him the night before," he "sniggered" and said, "No, I just got in a fight over a beer in a bar in Newport." Under caselaw interpreting this statute, discovery of statements by witnesses other than the defendant was not permitted. App. App. [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." 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. The Tennessean from Nashville, Tennessee Page 40 He also objects to Cruze's testimony that the Defendant "sneaked around" her house for some period of time after the murder. 2d 137 (1986); State v. Coker, 746 S.W.2d 167, 171 (Tenn. 1987); State v. McKay, 680 S.W.2d 447, 450, 453-455 (Tenn. 1984). April testified that she hated Jones because she had tried to separate her and the Defendant by going to her mother. He argues that Jones was unconscious during most of the acts that occurred that night. 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. 02/14/94 STATE TENNESSEE v. VICTOR JAMES CAZES . Sharon was born on 09.01.67. In State v. Groseclose, 615 S.W.2d 142 (Tenn. 1981), and State v. Strouth, 620 S.W.2d 467 (Tenn. 1981), in which the victims were unconscious for part of the time, death penalties rendered under this aggravating circumstance were upheld. Unlike the government officials in Freeman and Lockett, the state prosecutor here did not physically conceal April Ward. Testimony about April's emotional reaction to the murder tends to bolster her credibility, as does testimony about her continued contact with the Defendant. For persons dying between 1940-1997, you can order a copy of the death certificate via Ancestry.com for a fee. [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. 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." App. The court stated: Id. T.C.A. Here, as in Hinton, counsel's conduct was not "the product of deliberate and informed decision" but is marked by "inadequate preparation," resulting in the deprivation of the defendant's right to the effective assistance of counsel. Gary June CAUGHRON, Appellant. No hearsay was involved. 611(c) provides that "[l]eading questions should not be used on the direct examination of a witness except as to develop testimony." As a result, defense counsel was forced to begin cross-examination under circumstances amounting to a deprivation of Rule 26.2 statements that were rightfully his to inspect. Select this result to view Gary Richard Caughron's phone number, address, and more. On the right buttock were "three linear imprints, superficial bruises that fit perfectly with four fingers of a hand." The Defendant taunted the victim, despite her pleading, "Please don't hurt me," and told her she was going to die. In that case the Court held that defense counsel has a right to inspect prior statements or reports by a government witness, following *535 direct examination of the witness, to the extent that those reports or statements are related to the witness's testimony on direct examination, for the purpose of using them to prepare or conduct cross-examination. Sharon B Caughron. Dr. Stefanie K. Johnson. The trial court laid the blame for this predicament on the defendant's attorney. The majority opinion contains a brief history of Tennessee Rule of Criminal Procedure 26.2 and its genesis in federal law, and a passing reference to State v. Taylor, 771 S.W.2d 387 (Tenn. 1989), the only reported decision of this Court directly interpreting Rule 26.2. 2255"). 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." He is the linchpin of the prosecution's case." He was an avid hunter and enjoyed making walking sticks. 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." *542 The trial court held him in contempt. 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. He had conducted 2500 forensic investigations. Further, the Federal rule treats law enforcement officials as witnesses called by the state, but the commission elected not to adopt this provision. There is therefore no merit to this part of the issue. He was an oil field inspec App. 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. We find no reversible error. Apr 2016 - Sep 20182 years 6 months. 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. 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." The photographs and the videotape taken at the murder scene are highly probative, in that they show the condition of the body and clarify oral testimony. denied, 439 U.S. 873, 99 S. Ct. 207, 58 L. Ed. The court next defined "cruel," "torture" and "depravity" in accord with State v. Williams, 690 S.W.2d 517, 529-530 (Tenn. 1985). This upset Caughron, who told April Ward that he would like to catch Ann Jones "out one night" and "slice her throat." In the past, Michael has also been known as Michael G Caughron, Michael Gary Caughron, Mike G Caughron, Michael Cauchron and Michael Coughron. Sharon is sixty years old. Falling somewhere along the continuum of cases illustrating prosecutorial interference with a defendant's right of access to witnesses are those cases in which a prosecutor has instructed a witness not to talk to defense counsel. See also Tenn. R.Evid. 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. Blausen Medical is a leading provider of illustration, animation and simulation for Health Care and related industries, providing . Caughron Name Meaning & Caughron Family History at Ancestry.com Of course, a witness has the right to refuse to be interviewed. Godfrey v. Georgia, 446 U.S. 420, 100 S. Ct. 1759, 1767, 64 L. Ed. They developed several leads, but none of them panned out. 1973); United States v. Matlock, 491 F.2d 504 (6th Cir. This is not a statutory aggravating circumstance although it is similar to the circumstance in T.C.A. 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. Federal case analysis on this point is compelling. He was a member of Millican Grove Baptist Church where he attended and taught Sunday school for many years. A purse and its contents lay strewn in the hall. Palermo v. United States, 360 U.S. 343, 345, 362, 79 S. Ct. 1217, 1221, 1229-30, 3 L. Ed. He picked her up sometime after midnight. The due process implications of government interference with a defendant's right to interview potential witnesses may best be seen as a continuum, at one end of which is the active concealment of key witnesses. Moreover, the inconsistent statements of a witness are considered impeachment evidence favorable to a defendant. 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." MG100 Coach. Jencks caused some controversy in the months after it was announced, centering on fears that it would force government prosecutors to turn over investigatory files, in their entirety, upon defense demand. at 778. 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. Obviously, Rule 26.2(c) applies to such pretrial motion hearings. 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. 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." April testified that Caughron entered the house by himself and then summoned her inside. 134), followed by Petitioner's surreply on August 15, 2017. The verdict and judgment are supported by material evidence, and the sentence of death is in no way arbitrary or disproportionate. Gary Caughron - Address & Phone Number | Whitepages It is this latter possibility that should lead this Court to hold that the trial court's denial of counsel's request for a recess or a reasonable time to review the statements under Rule 26.2(d) constitutes reversible error. 1985). Edward was born on May 13 1911, in Obion County, Tn.. Alleen was born on November 17 1912, in Ridgely, Tn.. When, in the summer of 1988, Tim McGaha had asked the Defendant if he had committed the murder, Caughron "just smiled." With nothing more to go on than these allegations, the trial court did not err in excluding the statements. George Cleveland Roach. 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. Casey Caughron - Manager, IT Operations - WaterOne | LinkedIn We are of the opinion that this senseless, and brutal killing clearly warrants the imposition of the death penalty. Copenhagen mayor to Solvang, California: Stop acting homophobic - Los They used to work at Ruidoso Residential Properties. The Defendant also challenges comments by the court during the direct examination of T.B.I.

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