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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. In D. Paine, Tennessee Law of Evidence, 611.6 (2nd ed. 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. Join Facebook to connect with Gary Caughron and others you may know. The record shows that juror Jerry McGill was related to State's witness John Brown by marriage. 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. In accordance with the mandate of T.C.A. See Giglio v. United States, 405 U.S. 150, 154, 92 S. Ct. 763, 766, 31 L. Ed. April testified that Caughron entered the house by himself and then summoned her inside. 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. The first day was consumed by arguments and rulings on unfinished pretrial business, including defense counsel's request that the trial court order early production of witness statements, and by selection of the jury. You already receive all suggested Justia Opinion Summary Newsletters. Byrnes v. United States, 327 F.2d 825, 832 (9th Cir.1964). See separate dissenting opinion. Although the trial court told defense counsel that he could explore this situation "later at a proper time," counsel never did so. While federal authority is not binding on Tennessee state courts, it is obviously persuasive in resolving disputes such as the one now before us, not only because the drafters of the Tennessee rule opted to follow the federal model so closely, but also because of the thoroughness the federal courts have brought to the analysis of Jencks disputes. 1983). The remainder may then be disclosed at trial under the provisions of Rule 26.2(a).". No. The Defendant presented evidence that, based on evidence gathered at the crime scene, none of the tests or analyses performed by forensic scientists from TBI and the FBI had connected him with the killing. Ogle said that he had turned over the package of witness statements to his investigator to review overnight, and that he had been able to read only one of April Ward's statements in the interim. 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. At the hearing, the trial judge asked Ward some general questions, some questions about how she was doing in school and how her counseling was proceeding, and some questions about her awareness of her testimony. 804, Advisory Commission Comments. Phillips seemed to think that by testifying he would be risking a charge of perjury. This is not a statutory aggravating circumstance although it is similar to the circumstance in T.C.A. 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. 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. GARY JUNE CAUGHRON. See, e.g., Freeman v. State of *546 Georgia, 599 F.2d 65, 69 (5th Cir.1979), cert. App. 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. The hearsay statements sought to be admitted, however, bore none of the "persuasive assurances of trustworthiness" present in Chambers, see 410 U.S. at 302, 93 S. Ct. at 1048-1049 (confession made spontaneously to a close acquaintance soon after murder, corroborating evidence present, statement was self-incriminatory and unquestionably against interest). He was an avid hunter and enjoyed making walking sticks. 40-2441, enacted in 1963, permitted pretrial discovery of a confession or statement against interest made by the accused. When, in the summer of 1988, Tim McGaha had asked the Defendant if he had committed the murder, Caughron "just smiled." The testimony concerning the pool stick, the table cloth material, and slapping women on the buttocks was relevant to connect Defendant to this crime and corroborate the accomplice's testimony. Furthermore, there was no reversible error, if any, in failing to sustain the Defendant's objections since prejudice is not clearly shown. 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. In the package were over 100 pages of typewritten and handwritten materials, comprising the statements of 20 different persons. Such statements may only be obtained under the limited provisions of existing law now contained in Rule 6(k)(2). For persons dying between 1940-1997, you can order a copy of the death certificate via Ancestry.com for a fee. 1985); State v. Hardin, 691 S.W.2d 578, 581 (Tenn. Crim. While neither state nor federal trial judges can require advance disclosure of statements, U.S. v. Algie, 667 F.2d 569 (6th Cir.1982) and State v. Taylor, supra, prosecutors *536 should nevertheless avoid needless delay by following the State's example here. [2] Weatherford v. Bursey, 429 U.S. 545, 97 S. Ct. 837, 51 L. Ed. You can explore additional available newsletters here. They have also lived in Decatur, IL. No further mention was made of the episode until the next morning, when counsel indicated he would like to address it later that day; but no action was taken until just before the jurors began deliberations, when Van Helton, counsel's assistant, testified that the juror who had made the statement was Roy Hodge, an ex-constable, and that his manner was aggravated and "put out." 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. 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 . Less than ten minutes later, he completed his questioning and tendered the witness to the defense for cross-examination. Gary Caughron works at James M Russ II - Connect Realty, which is a Real Estate company. Gary Caughron - Cloud Platform Administrator - SAS | LinkedIn Billy Strings 2023 Tour Dates. App. Oklahoma troopers said Henry L. Boren, 80, apparently fell. 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." 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). 1976). 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. Moreover, appellate judges are in a poor position to second-guess counsel on the question of whether a recess to permit full utilization of the statements in this case would have been efficacious. 3(e), that all of these alleged errors except that involving the Defendant's drawings of demons have been waived because of the failure to raise them in the motion for new trial. 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. 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. In September 1986, he had broken into the victim's home and at knifepoint had pushed Teresa to the bed and attempted to tie her hands with strips of sheet. The trial court rejected the Defendant's hearsay objections on the grounds that any statements of the victim described by Ward were not offered for their truth but to show Ward's state of mind and what provoked her to harm the victim. 1985). The court stated: Id. 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. denied 429 U.S. 821, 97 S. Ct. 69, 50 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 2d 641 (1980); Lockett v. Blackburn, 571 F.2d 309, 313 (5th Cir. Thus, only a part of a witness' statement may be relevant to the hearing. 2d 215 (1963), or Rule 16, T.R.Cr.P. The Caughron family name was found in the USA, and Canada between 1840 and 1920. Tennessee Rules of Criminal Procedure 26.2(a) (emphasis added). They walked to the victim's house from the parking lot of a nearby nursing home, where they had left the Oldsmobile. It in no way minimizes the heinousness of the guilty party's conduct. 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. On the afternoon of Friday, July 10, around 3:00 or 4:00 p.m., the Defendant came by April's house in an older model green and white 442 Oldsmobile Cutlass that he had just purchased. 1985). He told McGaha that he had been drunk and partying the night of the murder. 1980). As a result, defense counsel was not only prevented from gathering information that could have been developed from interviewing April Ward. Casey Caughron - Manager, IT Operations - WaterOne | LinkedIn The most Caughron families were found in USA in 1880. 73 (D.Colo. 1987); State v. Howell, 698 S.W.2d 84, 86-87 (Tenn. Crim. App. Dr. Blake stated that these represented a "hard slap injury to the buttock" inflicted while the victim was still alive. Gen., Nashville, Al Schmutzer, Jr., Dist. App. 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.". 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. 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." (13th ed.) [Emphasis added.] They next drove to Dollywood, where they met several people, one of whom, Kevin Carver, threatened April with harm if she "got the Defendant in trouble.". Some of the questions objected to were leading, some were not. 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. In this case, the trial judge's misguided decision not to adjourn court before 5:00 p.m., regardless of the circumstances, amounts to an arbitrary and capricious abuse of discretion, resulting in the necessity of retrial. Caughron Genealogy | WikiTree FREE Family Tree See, e.g., State v. Robinson, 618 S.W.2d 754 (Tenn. Crim. Thus, a reviewing court must consider the materiality of the withheld evidence in light of the other evidence presented. In any event, the proof shows that in addition to inflicting the head injuries, the Defendant tied Ann Jones to the bed, attempted to rape her (probably anally), beat her with a pool stick, slapped her buttocks so hard that an imprint of his hand was left on her skin, gagged and strangled her, and drank her blood after smearing it on himself and his accomplice, with whom he had sex as the victim lay dying nearby. *529 Charles W. Burson, Atty. 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." 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. For the reasons set out above, I dissent from the majority's decision to affirm the defendant's conviction in this case. The purpose of Rule 26.2 is to enable counsel to examine a witness's statements in order to test the credibility of that witness at trial. Over 10 years of leadership and team building that collaborate to save . The trial court did not abuse its discretion in requiring the Defendant to object when questions were actually asked. 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. The trial court did not abuse its discretion in allowing Dr. Blake to give his opinions on what had caused these injuries. App. Tennessee had the highest population of Caughron families in 1840. 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. We are of the opinion that this senseless, and brutal killing clearly warrants the imposition of the death penalty. The police department and the district attorney's office clearly understood April Ward's significance as a prosecution witness. When asked why he had tried to kill himself after one of the interrogation sessions with police, he said that "he was depressed and had a lot on his mind." 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. When she returned to the bedroom, she saw the Defendant striking Jones's back with the pool stick. The Defendant specifically cites to interruptions by the court occurring during defense counsel's direct examination of Robert McFadden, a fingerprint expert from the T.B.I.

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