To use a colloquialism that summarizes the situation most descriptively, Caughron's attorneys were effectively "stone-walled" by state officials involved in the investigation and prosecution of this case. denied, 444 U.S. 833, 100 S. Ct. 65, 62 L. Ed. App. Our examination of the record shows at least five occasions when Defendant objected to the State's questioning of Ward as leading. 1984). 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. The evidence was relevant because of Ward's testimony about drinking the victim's blood from a shot glass and Cruze's testimony about the Defendant's pink toothbrush. The Defendant gave April a survival knife. 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. In Ingraldi, by failing to move for a continuance and then thoroughly cross-examining the witness, the defense counsel cured a potential Brady violation. According to Green, the Defendant's childhood had been very unsettled. George Edward Hardin. [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." The Defendant argues that the evidence about his purported drug use, sexual practices, attachment to rock music, and drawing pictures of demons is evidence of other crimes, wrongs or acts, prohibited by T.R.E. 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. The trial of this case lasted four days. Facebook gives people the power to. View Gary June Caughron's Criminal Record Alias (es) Canghorn, Gary June The Defendant has also failed to show that a different result would have been reached if the continuance had been granted. 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 time needed for a reasonable examination is necessarily related to the length and complexity of the statements. Bowman v. State, 598 S.W.2d 809, 812 (Tenn. Crim. This testimony, according to Defendant, would tend to show that the victim never had a chance to bring in her groceries before she died and thus was first attacked outside the house. Gen. and Reporter, Merrilyn Feirman, Asst. 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. Hence, I respectfully dissent from the majority opinion. The progenitor of Tennessee Rule of Criminal Procedure 26.2 is the 1957 decision of the United States Supreme Court in Jencks v. United States, 77 S. Ct. 1007, 353 U.S. 657, 1 L. Ed. The evidence was clearly favorable to the defendant as impeachment evidence and also material to the issue of guilt, given the fact that the witness's testimony was the "linchpin of the case." The court next defined "cruel," "torture" and "depravity" in accord with State v. Williams, 690 S.W.2d 517, 529-530 (Tenn. 1985). They walked to the victim's house from the parking lot of a nearby nursing home, where they had left the Oldsmobile. Tennessee Rules of Criminal Procedure 26.2(a) (emphasis added). 264, 195 So. When, in the summer of 1988, Tim McGaha had asked the Defendant if he had committed the murder, Caughron "just smiled." In the early afternoon of July 11, 1987, Christy Jones Scott, the daughter of the victim, 42-year-old Ann Robertson Jones, discovered her mother's partially clothed body lying facedown on a bed in her home in Pigeon Forge. They developed several leads, but none of them panned out. The boot comment was one episode of this behavior. See State v. Henley, 774 S.W.2d 908, 913 (Tenn. 1989); State v. Sparks, 727 S.W.2d 480, 483 (Tenn. 1987); State v. Carter, 714 S.W.2d 241, 244-245 (Tenn. 1986). Bentley testified that the rags matched the towelling that he was shown at trial, which had been tied around the victim's body. 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." Although the trial court told defense counsel that he could explore this situation "later at a proper time," counsel never did so. Finally, in United States v. Moceri, 359 F. Supp. He told McGaha that he had been drunk and partying the night of the murder. State v. Elliott, 703 S.W.2d 171, 176 (Tenn. Crim. 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. We find no error, although the relevance of this evidence is marginal. [1] T.C.A. MG100 Coach. 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." CAUGHRON, ROY W. - age 54, of Sevierville, passed away Friday, January 11, 2013. 5249 HWY 67W MOUNTAIN CITY, TN 37683. denied, 459 U.S. 1137, 103 S. Ct. 770, 74 L. Ed. 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. Blausen Medical is a leading provider of illustration, animation and simulation for Health Care and related industries, providing . He also denied being in a fight in a bar in Newport and told different stories about how he had gotten scratched and bloodied up. See also United States v. McCrary, 699 F.2d 1308 (11th Cir.1983). See, e.g., Freeman v. State of *546 Georgia, 599 F.2d 65, 69 (5th Cir.1979), cert. Palermo, supra, at 355-6, 79 S. Ct. at 1226-7. has since been changed to "Every person is presumed competent to be a witness except as otherwise provided in these rules or by statute.". 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. Select this result to view Gary Richard Caughron's phone number, address, and more. Nos. STATE of Tennessee, Appellee, There is sufficient corroboration; e.g., Jimmy Huskey's and Tom Bentley's testimony about the fabrics (blue terry cloth and lacy material) in the Defendant's possession; testimony of Defendant's appearance and behavior the morning after the murder; the presence of the turquoise ring at the victim's house; and Defendant's statements to his cell-mates, Roy Haynes, Bobby Floyd, and Tim McGaha. In United States v. Peter Kiewit Sons' Co., 655 F. Supp. State v. Daniel, 663 S.W.2d 809 (Tenn. Crim. 39-2-203(i)(5) requiring torture or depravity of mind and should define "cruel," "torture" and "depravity." The question of competency is a matter for the trial court's discretion. Sharon was born on 09.01.67. We are in agreement with the conclusion of the trial judge that Ward's testimony, as it related to the victim's statements, was not hearsay inasmuch as it was not offered to prove the truth of the matter asserted. These depictions are certainly not pleasant, but they are not shocking or gruesome. In my judgment, the violation of subsection (d) in this case is so clear that the only remaining question concerns the relief that should be granted in light of this error. They used to work at Ruidoso Residential Properties. But in February, the City Council rejected the Cavallis . It was April's testimony that it was only after the victim stopped moving that the other abuse occurred. The burden they assume is difficult, and when acting in good faith, they should be accommodated by the courts in their efforts to discharge their professional obligation to their clients. 39-2-205(c)(4)], we find that the sentence of death was not imposed in an arbitrary fashion, that the evidence supports the jury's finding of the statutory aggravating circumstance, and that the evidence supports the jury's finding of the absence of any mitigating circumstances sufficiently substantial to outweigh the aggravating circumstance so found. 2d 297 (1973), and F.R.E. Get free summaries of new Tennessee Supreme Court opinions delivered to your inbox! 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." These injuries were consistent with those caused by a blunt or rounded object and would have rendered Jones unconscious at some point. The factual background of the state's case against Gary Caughron is set out in detail in the majority opinion. 2d 1103 (1957). Although there is no general right to discovery in a criminal trial,[2] the United States Supreme Court has held that "the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution." The Goldberg court cited with approval Justice Brennan's dissenting opinion in Rosenberg v. United States, 360 U.S. 367, 373, 79 S. Ct. 1231, 3 L. Ed. To this the trial judge responded: The jury was brought back to the court-room, and the district attorney continued his direct examination of April Ward. 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. Gary was born in Nevada, Mo., on Oct. 11, 1963, to Robert and Elizabeth (Wolf) Caughron. App. He pointed out that he and his co-counsel had had to consult with their client and his family before leaving the courthouse at 9:15 p.m. to return to Ogle's office, which was located in Jefferson City, some 40 miles away in an adjoining county. Gary June Caughron. 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." April said that the Defendant tightened the terry cloth strip around Jones's neck, causing the victim to gasp. Caughron then took April aside and warned her not to tell what had happened. Edward Moore, the jailer at the Sevier County Jail, testified that he had never had any "real problems" from Defendant while he had been in jail. Knoxville, Tennessee. 1975). 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. At trial, he testified that the Defendant appeared nervous and had a small cut on his face. For the reasons set out above, I dissent from the majority's decision to affirm the defendant's conviction in this case. A due process violation requires more than the suppression of significant exculpatory evidence, however. App. Finally, it must be emphasized that the majority's calculation that defense counsel had 22 hours in which to "study and reflect on the pretrial statements of April Ward" (and some 20 other witnesses) is purely illusory. As they went down the hall to Jones's bedroom, April could hear her calling, "Who is it? 40-2441, enacted in 1963, permitted pretrial discovery of a confession or statement against interest made by the accused. He apologized to the trial judge for having to ask for a recess, and indicated that the defense had tried to avoid the delay by seeking pretrial discovery of the witnesses' statements, an effort that had proved unsuccessful. The trial court did not err in admitting the testimony. 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. 2d 1304 (1959): Thus, federal law permits the courts to overlook Jencks violations only in the narrowest of circumstances:[7]. 369 F.2d at 189. 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. According to April, Jones cried and pleaded with them not to hurt her, but the two told her she was going to die. George Cleveland Roach. App. Officer Tippens was one of the first officers on the scene the day the murder was discovered. Furthermore, there was no reversible error, if any, in failing to sustain the Defendant's objections since prejudice is not clearly shown. In Nichols v. State, 581 So. See generally United States v. Starusko, 729 F.2d 256 (3d Cir.1984). The family will celebrate Mr. Caughron's life 11:30 a.m. Wednesday, June 2, 2010, at Woodberry Forest School's Johnson Stadium with Joe Coleman officiating. See T.R.E. 793 F.2d at 413. The trial court did not abuse its discretion in allowing Dr. Blake to give his opinions on what had caused these injuries. memorial page for Mary Ann Caughron (14 Jul 1939-21 Aug 2016), Find a Grave Memorial ID 175889745, citing Memorial Park Cemetery, Memphis, Shelby County .
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