gary june caughron

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. 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. The Defendant has also failed to show that a different result would have been reached if the continuance had been granted. Carter v. Rafferty, 826 F.2d 1299, 1308 (3d Cir.1987). 669 F.2d at 11. Shelby Caughron (1940 - 1986) - Dandridge, Tennessee See also United States v. McCrary, 699 F.2d 1308 (11th Cir.1983). The record shows that juror Jerry McGill was related to State's witness John Brown by marriage. A purse and its contents lay strewn in the hall. That court found that "only in the context of either a complete deprivation of discovery or resulting prejudice" does a due process violation occur. They have also lived in Decatur, IL. 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. April Ward's mother, Lettie Marie Cruze, worked at the Turquoise Jewelry Shop in Settler's Village, a group of shops in Pigeon Forge. 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 [1] The action of the police in blocking pretrial access to the state's most crucial witness and the prosecution's failure to disclose summaries of her pretrial statements are not raised as discrete issues on appeal. Caughron then took April aside and warned her not to tell what had happened. This advance production satisfied the State's duty under Rule 26.2 and avoided the needless delay of the trial. Where a juror is not legally disqualified or there is no inherent prejudice, the burden is on the Defendant to show that a juror is in some way biased or prejudiced. Billy Strings 2023 Tour Dates. While the Defendant was staying at her house shortly after the murder, Cruze noticed that he had "an odd toothbrush for a man," a pink brush with a little rubber tip. This is not a statutory aggravating circumstance although it is similar to the circumstance in T.C.A. The physical and psychological demands on an attorney in trial, especially a criminal trial involving a capital offense, are heavy. Carl R. Ogle, Jr., Jefferson City, for appellant. Federal case analysis on this point is compelling. Again defense counsel indicated he would address any problem later but apparently failed to do so. (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.) 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. The sole issue is whether counsel was afforded a reasonable opportunity to examine the statements. 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. 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. 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. 1983). App. 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. He is the linchpin of the prosecution's case." It is axiomatic that a trial judge should exercise care not to express any thought that might lead the jury to infer that the judge is in favor of or against the defendant in a criminal trial. 608 and 609, the trial court is given broad discretion in the timing of its decisions on the admissibility of evidence. 24-1-101 was repealed in 1991 (Caughron was tried in 1990). 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. 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. You're all set! United States v. Ingraldi, 793 F.2d 408 (1st Cir.1986). Right now Gary is an Owner at Caurhon Gary. App. App. The court in the present case, however, was unusually active in directing the form that questioning should take. denied, 444 U.S. 833, 100 S. Ct. 65, 62 L. Ed. 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.". 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. 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. 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." On their way to Ann Jones's house April and the Defendant drank alcohol and took drugs. 16(a)(1)(A). Ogle had been a boyfriend of Teresa Goad, one of the victim's daughters. Mary Ann Caughron (1939-2016) - Find a Grave Memorial In early summer 1987, according to April, she and the 27-year-old Defendant met and became romantically involved. Unlike the government officials in Freeman and Lockett, the state prosecutor here did not physically conceal April Ward. His father, whom Pareau described as "overtly psychotic," was an alcoholic and had physically abused his mother until their divorce. The crucial evidence Defendant alleged Tippens possessed was his knowledge that there were groceries in the victim's truck when the body was discovered. In D. Paine, Tennessee Law of Evidence, 611.6 (2nd ed. App. Pique v. State, supra, 480 S.W.2d at 550-551. The proof shows that while Jones was alive and conscious, see State v. Williams, supra, 690 S.W.2d at 529-530, the Defendant told her that she was going to die as she begged for her life. App. 2d 537 (1969). The defendant must show that the state withheld favorable, material evidence and that its suppression was prejudicial to the defendant's case. The defense sought to show that, despite a thorough and meticulous investigation, there was absolutely no evidence connecting Defendant with the crime scene. The trial court did not err in admitting the testimony. [2] Weatherford v. Bursey, 429 U.S. 545, 97 S. Ct. 837, 51 L. Ed. App. Sharon Caughron OfficialUSA.com Records [Emphasis added.] [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. Gen. and Reporter, Merrilyn Feirman, Asst. He was a member of Maples Branch Baptist Church and was retired from the City of Pigeon Forge. 111-129.) Defense counsel apparently did not know until he received these documents from the prosecutor that April Ward had made six separate statements to police. 1990). When it became apparent that Dedrick would not be at trial, defense counsel expressly stated he did not want a continuance because of the stipulation. 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. Create, edit, and maintain all scheduling . She described her nephew as "slow" and said that he had a good attitude since he had been in jail. Here, the statements were given to counsel the night before (7:15 p.m.) and cross-examination began at approximately 5 p.m., the next afternoon just short of twenty-two hours later. Based on this evidence, presented over four days of trial, the jury found the Defendant not guilty of felony-murder, robbery, and larceny, but guilty of premeditated first-degree murder, first-degree burglary, and assault with intent to commit rape. Dr. Blake was a board certified forensic pathologist in practice in that field since 1963. Get free summaries of new Tennessee Supreme Court opinions delivered to your inbox! Defense counsel then argued that he should be allowed to read Phillips' previous statements into evidence because Phillips was "unavailable" under T.R.E. Defendant filed a pretrial motion for the court to conduct an in camera inspection of *541 the State's entire files, as well as the files of any agencies or individuals that had investigated the case for the State, and to determine if the State had failed to hand over anything that might be vital to the preparation of the defense. At sentencing the trial court instructed as an aggravating circumstance: "The defendant allowed the victim to be treated with exceptional cruelty during the commission of the offense." 801(c); State v. Coker, 746 S.W.2d 167, 173 (1987). Read More Brooks v. State, 187 Tenn. 67, 213 S.W.2d 7, 10 (1948). 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. Gary R Caughron, (618) 344-4510, 1891 Luehmann Ln, Granite City, IL However, the Tennessee rule applies to all pretrial motions under Rule 12(b). lab, who was Defendant's first witness. at 778. 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 . View the profiles of people named Gary Caughron. 1981). He was. See also United States v. Peters, 732 F.2d 1004 (1st Cir.1984); United States v. Higgs, 713 F.2d 39, 44 (3d Cir.1983); United States v. Xheka, 704 F.2d 974, 981 (7th Cir.1983); United States v. McPartlin, 595 F.2d 1321, 1346 (7th Cir. 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. 1985). The verdict and judgment are supported by material evidence, and the sentence of death is in no way arbitrary or disproportionate. Gary Caughron, 67 - Capitan | Free Public Reputation Profile - MyLife.com Gary R Caughron from Granite City, IL Also known as: Mr Gary R Caughron, Mr Gary Caughron Age: 61 years old Mobile number (618) 876-9480 Marital status Single Landline number (618) 344-4510 Gender Male Occupation ads view occupation Born June 21, 1961 Email addresses gcaughron@excite.com garyc2500@yahoo.com More about Gary R Caughron Contact Info 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. See generally United States v. Starusko, 729 F.2d 256 (3d Cir.1984). She had bled extensively from her mouth and nose. 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. 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." 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. [8] And, no bloody shot-glasses were found at the scene of the crime. See, e.g., Bryant v. State, 539 S.W.2d 816, 819 (Tenn. Crim. Atty. The statements here were produced the evening before direct and cross-examination took place the following afternoon. 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. April said that the Defendant tightened the terry cloth strip around Jones's neck, causing the victim to gasp. The police department and the district attorney's office clearly understood April Ward's significance as a prosecution witness. A due process violation requires more than the suppression of significant exculpatory evidence, however. See Giglio v. United States, 405 U.S. 150, 154, 92 S. Ct. 763, 766, 31 L. Ed. Also, the point that Defendant wished to make, i.e., that the footprint on the door was not Defendant's, was explored during the testimony of Sandra Lee Paltorah, a forensic scientist at the T.B.I. 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. 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." 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. The court next defined "cruel," "torture" and "depravity" in accord with State v. Williams, 690 S.W.2d 517, 529-530 (Tenn. 1985). Nichols, 581 So. 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. 1986), a court ordered the witnesses to submit to depositions in order to cure the problem. App. Records show that Sharon has one phone number, (919) 242-4415 (Carolina Tel and Tel Co , LLC) He was a member of Millican Grove Baptist Church where he attended and taught Sunday school for many years. Jerry Springer longtime syndicated talk-show host and former Cincinnati mayor died Thursday at his home in the suburbs of Chicago. The defendant also took a statement to this effect from Phillips. Tippens was unable to come to trial because of a back condition. Second, despite the trial court's assessment of the statements in question as "not that complex," "not that different" from one another, and containing "nothing worthwhile, relevant or germane," a review of April Ward's statements demonstrates clearly that they were a powerful source of ammunition with which to impeach her testimony, had defense counsel been permitted the time necessary to review them and prepare his cross-examination in light of their content. Wharton on Criminal Procedure. CAUGHRON, ROY W. - age 54, of Sevierville, passed away Friday, January 11, 2013. ), cert. 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." The question of competency is a matter for the trial court's discretion. In the majority's judgment, two hours would have been sufficient time to comply with the requirements of Rule 26.2. George Cleveland Roach. In this case the proof vividly shows that this murder involved both torture and depravity of mind. See T.R.E. The Tennessean from Nashville, Tennessee Page 40 He picked her up sometime after midnight. There was, in short, no violation of Rule 26.2 and thus no error, in the majority's view. See Hale v. State, 198 Tenn. 461, 281 S.W.2d 51, 58 (1955); Mothershed v. State, 578 S.W.2d 96, 99 (Tenn. Crim. Their efforts are unappreciated by the public generally and undercompensated by the justice system they serve. 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. Beginning in June 1988 with the first statement she gave police, and ending with the sixth and last one she gave them in November 1988, April Ward made a total of six pretrial statements, no two of which were completely consistent with each other. United States v. Missler, 414 F.2d 1293, 1303-1304 (4th Cir.1969) (citations omitted) (emphasis added). Author of the National Bestseller INCLUSIFY. ROY CAUGHRON Obituary (2013) - Knoxville, TN - Knoxville News Sentinel While we caution restraint in a trial court's interjections and comments *537 during trial, in the overall context of this case, the trial court's behavior in the cited instances did not so clearly violate the mandate of impartiality as to infringe upon the Defendant's right to a fair trial. 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. At least one state court has applied harmless error analysis to the violation of production rule. We are of the opinion that this senseless, and brutal killing clearly warrants the imposition of the death penalty. App. State v. Hartman, 703 S.W.2d 106, 116 (Tenn. 1985); Lillard v. State, 528 S.W.2d 207, 212 (Tenn. Crim. Gary is related to Gitta E Caughron and Marsha A Caughron. The cause may be different, but the result is the same. Moreover, it has been held that the failure of an attorney to seek a recess for the purpose of reviewing recently proffered Jencks material (instead the defense attorney tried to read through the documents while direct examination was in progress) constitutes ineffective assistance of counsel, yet another Sixth Amendment deprivation. 2d 603 (1967). Officer Tippens was one of the first officers on the scene the day the murder was discovered. 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. 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 . Tennessee had the highest population of Caughron families in 1840. 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 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. Gina Caughron in TN - Address & Phone Number | Whitepages The police made little progress in the investigation of the Jones homicide during the year after the homicide. App. Gary June Caughron. Dr. Stefanie K. Johnson. They developed several leads, but none of them panned out. 4 Samuel Frank Downey vs. State of Tennessee (03C01-9801-CR-00027) Hamilton Criminal Douglas Meyer 218154 Joseph M. Tipton 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. 1984). She testified that the Defendant kicked in the bedroom door, which was locked. After further discussion, during which the prosecution argued against further delay, the trial judge finally allowed counsel a ten-minute recess, which actually stretched into 16 minutes. The Defendant complains that the court should not have allowed TBI Agent David Davenport and Detective Kenny Bean to testify about Defendant's attempted suicide because information about the attempt was part of a statement made by the Defendant but not supplied to the defense as required by T.R.Cr.P. The gag, bound so tightly that it cut a deep groove into the corners of the victim's mouth, combined with the hemorrhaging in the nasal passages, had caused her to suffocate. He also asked April to watch Jones as she closed her shop and see where she put her money, and to find out if Jones was married and had a telephone or pets. 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. denied, 459 U.S. 1137, 103 S. Ct. 770, 74 L. Ed. He reminded the trial judge that he had not received the package of statements until after court adjourned the previous night. [The statements are] not that different [from each other]." 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 majority then correctly identifies the question of first impression we face in this case: Given the provision in Rule 26.2(d) permitting a "recess in the trial for the examination of such statement and for preparation of its use in the trial", was counsel in this case afforded a reasonable opportunity to examine April Ward's prior statements and prepare for her cross-examination?

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