App. 264, 195 So. 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. We do not find that the trial court abused its discretion in refusing to grant Defendant's motion for a continuance. 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." Noting that the statements were admitted falsehoods, the trial court refused to allow their introduction. See T.R.E. Gen., Nashville, Al Schmutzer, Jr., Dist. Troy Gene Caughron, age 81 of Pigeon Forge, passed away Saturday, December 20, 2014. Over the course of these interviews, the Defendant became more and more nervous. 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. 804, Advisory Commission Comments. From the beginning, the police and the prosecution sought to shield April Ward and the information she had given them from the defendant's attorneys. 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. 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. 2d 119 (1969), the prosecuting attorney advised the witnesses to two robberies not to talk to anyone in his absence. See also Boone v. Paderick, 541 F.2d 447 (4th Cir.1976); United States v. Sutton, 542 F.2d 1239 (4th Cir.1976). His stepfather, for example, had beaten him and humiliated him for bedwetting. The record reflects that the state relied on it in arguing aggravating circumstances during the penalty phase of the proceedings. The cause may be different, but the result is the same. But in the wake of this initial ruling, the Court has set the threshold for determining harmlessness at a very high level. As April described the scene, the Defendant turned Jones on her stomach and tried unsuccessfully to have sex with her. 2d 104 (1972); United States v. Bagley, 473 U.S. 667, 105 S. Ct. 3375, 87 L. Ed. denied sub nom. Dr. Blake was a board certified forensic pathologist in practice in that field since 1963. The door had been made available to the defense attorney for examination on January 26, three days before his motion. In early summer 1987, according to April, she and the 27-year-old Defendant met and became romantically involved. 1982). The most Caughron families were found in USA in 1880. Obituaries in Los Angeles County | Los Angeles Public Library In response to the defendant's pretrial "Brady motion" seeking pretrial disclosure of material evidence favorable to the defense the prosecutor failed to provide defense counsel with copies of April Ward's prior inconsistent statements. [1] This new production rule was initially included in Rule 16, which otherwise governs pretrial discovery and inspection, despite the fact that it involved "discovery" during trial and not before. 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). The Fourth Circuit noted in United States v. Smith Grading & Paving, Inc., 760 F.2d 527, 532 (4th Cir. April said that the Defendant tightened the terry cloth strip around Jones's neck, causing the victim to gasp. 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. 2d 186 (1978). When the time came for Phillips to testify, he refused because, he said, his earlier statements were lies concocted to get a reward offered for any evidence that would help solve Jones's murder. He was preceded in death by his parents Harmon and Alma Caughron, sisters Pauline,. When Robert Yoakum, Cruze's boyfriend, teased the Defendant about the blood, Caughron told him that "a bitch had hit him in the head with a beer bottle." Caughron Genealogy | WikiTree FREE Family Tree 1976). According to April, Jones cried and pleaded with them not to hurt her, but the two told her she was going to die. There was no abuse of discretion here. STATE of Tennessee, Appellee, Unable to complete the sex act with Jones, the Defendant suggested sex with April. The FBI developed no forensic evidence implicating Caughron, despite extensive testing on fingerprints, shoeprints, blood and other fluids, and fibers. A third inmate, Bobby Floyd, testified that Defendant told him that the victim was a "bitch," who had threatened to "tell some girl's mother how old he was;" that the only evidence police had against him was an article of clothing with blood on it; and that "the only mistake he [had] made was involving April.". 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. 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. 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. In reaching this conclusion, I do not wish to minimize in any way the wholly reprehensible nature of the homicide committed in this case, against an innocent and ultimately helpless victim. He raises numerous issues in this appeal; but, after careful review of the entire record and the law, we find these issues to be without merit. It is clear from the record that the trial court's decision to deny a recess was not due to any misunderstanding on his part about the crucial nature of April Ward's testimony. 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. A careful reading would consume much more than the two-hour estimate given in the majority opinion. 3500 (1957), passed in response to the United States Supreme Court's opinion in Jencks v. United States, 353 U.S. 657, 77 S. Ct. 1007, 1 L. Ed. This upset Caughron, who told April Ward that he would like to catch Ann Jones "out one night" and "slice her throat." The Defendant, Gary June Caughron, appeals directly to this Court his conviction of first degree premeditated murder and the sentence of death imposed by the jury, and his convictions of first degree burglary, and assault with intent to commit rape. Although the duty of the trial court to order a recess under subsection (d) is couched in permissive terms, the federal cases make it clear that failure to permit counsel reasonable time for review constitutes error. 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 Defendant avers that the trial court erred in allowing the prosecution to ask leading questions of April Ward on direct examination. 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.". Furthermore, no prejudice has been shown. Boulder, CO. Jeff Conte. Dellinger v. United States, 474 U.S. 1005, 106 S. Ct. 524, 88 L. Ed. Over 20 years of Infrastructure and Application Systems Design, Implementation, Upgrades and Maintenance. Gary was born in Nevada, Mo., on Oct. 11, 1963, to Robert and Elizabeth (Wolf) Caughron. Gary J. Aguirre - Wikipedia The majority "emphasize[s] that this case does not involve the denial of Rule 26.2 statements." Christy Jones Scott testified that her mother's toothbrush, a pink Oral-B brush, was missing after the killing. At his last interview, when confronted with falsehoods in his prior statements, Caughron became upset and walked out of the room. 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." He had conducted 2500 forensic investigations. He called the victim a "bitch." Caughron then took April aside and warned her not to tell what had happened. GARY JUNE CAUGHRON. Wharton on Criminal Procedure. The two of them left the shops with Yoakum and went to April's mother's house, where the Defendant bathed. Ogle had been a boyfriend of Teresa Goad, one of the victim's daughters. Gary Caughron Profiles | Facebook Detective Bean did testify that on August 25, 1988, when he asked Defendant why he attempted to kill himself after Davenport had initially talked with him about Jones's murder, Defendant replied that he was depressed and had a lot on his mind. Sharon was born on 09.01.67. 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. 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 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." Casey Caughron - Manager, IT Operations - WaterOne | LinkedIn 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. The Defendant suggested that April accompany Jones to her house after *531 work and give him directions on how to get there. App. App. App. Defense counsel then argued that he should be allowed to read Phillips' previous statements into evidence because Phillips was "unavailable" under T.R.E. Gary June Caughron v. State of Tennessee - CourtListener.com Gary June Caughron v. State of Tennessee, 03C01-9707-CC-00301 (Tenn. Crim. 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. 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 . Dr. Madeline Pareau, a clinical psychologist, testified that Defendant's full IQ was 78, "just a little above mentally retarded classification." These were objections ordinarily made when and if the potentially objectionable testimony occurred. Our Court in interpreting Rule 26.2 has held that even in a capital case, the State is not required to produce witness statements until the conclusion of the witness's testimony on direct examination. I believe that this case should be remanded for a new trial because of unwarranted interference with the defendant's right to due process by the police, by the prosecution, and by the trial court. In order to clarify the purpose and timing of the production of witness statements at trial, the provisions formerly contained in Rule 16(a)(1)(E) and (F) were recast as Rule 26.2 in 1984.
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