In Hinton, the defense attorney was "harried" through her own fault, while in this case counsel was "harried" by the action of the trial court. Defendant was not precluded from developing his theory, although it was not done in the detailed, point by point manner his counsel preferred; and the court did not prohibit any testimony that was shown to be relevant. Michael Caughron , 59. In Ingraldi, by failing to move for a continuance and then thoroughly cross-examining the witness, the defense counsel cured a potential Brady violation. 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. It in no way minimizes the heinousness of the guilty party's conduct. They developed several leads, but none of them panned out. denied, 419 U.S. 864, 95 S. Ct. 119, 42 L. Ed. 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." But, the production of Jencks material without adequate time to read and make use of it undoubtedly constitutes the functional equivalent of a denial. At his last interview, when confronted with falsehoods in his prior statements, Caughron became upset and walked out of the room. Had the attorney done voluntarily what he was forced to do by the trial court in this case, there can be little doubt that he would be subject to a charge of incompetency and found to have rendered ineffective assistance of counsel much like the attorney in United States v. Hinton, supra, who opted to review a witness's statement while direct examination of that witness was being conducted. 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. 3500, known from the time of its passage in 1957 as the Jencks Act. No. The two of them left the shops with Yoakum and went to April's mother's house, where the Defendant bathed. Under State v. Banks, 564 S.W.2d 947 (Tenn. 1978), the trial court did not abuse its discretion in permitting their introduction. The trial court did not err in admitting the testimony. There are, however, two other differences that deserve comment. denied, 444 U.S. 833, 100 S. Ct. 65, 62 L. Ed. We do not find that the trial court abused its discretion in refusing to grant Defendant's motion for a continuance. 1978). 24-1-101, no one is automatically barred from testifying simply because of *538 age or mental status. He called the victim a "bitch." 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. Later that same morning, several witnesses saw the Defendant when he arrived at Settler's Village around 10:00-11:00 a.m. Caughron was wearing only cut-off jeans and tennis shoes; he had scratches on his back, stomach and face. He was an oil field inspec 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. We find no error with regard to the trial court's refusal to instruct the jurors that they should presume that the sentence they assess will actually be carried out that if a life sentence is imposed, a life sentence will be served and, likewise, that if the death penalty is assessed, the Defendant will be executed. The Gregory court, therefore, found that the state had prejudiced the defendant's pre-trial preparation and thereby deprived him of a fair trial. 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. Crime Laboratory personnel. 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." Carl R. Ogle, Jr., Jefferson City, for appellant. The second best result is Gary Ray Caughron age 40s in Springfield, MO. [8] And, no bloody shot-glasses were found at the scene of the crime. [2] T.C.A. He was preceded in death by his parents Harmon and Alma Caughron, sisters Pauline,. It is well-settled that the propriety, scope, manner and control of the examination of witnesses is a matter within the discretion of the trial judge, subject to appellate review for abuse of discretion. Get free summaries of new Tennessee Supreme Court opinions delivered to your inbox! 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. Finally, April testified, Caughron insisted that they drink some of the victim's blood from shot glasses that he produced for the occasion. Obviously, whether any one of these provisions has been violated and what action must be taken to correct the error can only be determined on a case-by-case basis, in context both the evidence in the record and the procedure followed at trial. 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." Houston, Texas, United States. 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. App. It is true that defense counsel engaged in a vigorous cross-examination of April Ward, confronting her repeatedly with the fact that she had made contradictory statements to police. denied, 444 U.S. 1013, 100 S. Ct. 661, 62 L. Ed. at 770). ), cert. The proof is ambiguous as to whether the State gave Defendant this statement under Rule 16. [7] The federal courts have held a Jencks violation harmless only where the statement and the witness's testimony are consistent, United States v. Tashjian, 660 F.2d 829 (1st Cir.1981); where the statement is of marginal value, because the witness is not an integral part of the government's case, United States v. Weidman, 572 F.2d 1199 (7th Cir.1978); where the statement contains only cumulative material, i.e., it is the same as the information in grand jury transcripts that have already been disclosed, United States v. Anthony, 565 F.2d 533 (8th Cir.1977); where lost notes would have supported the prosecution's case, United States v. Miranda, 526 F.2d 1319 (2nd Cir.1975), cert. scientist Robert E. McFadden to the effect that the record was "full of proof" that the bedroom door had been knocked off its hinges. 2d 1245 (Ala. Cr.App. 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. 729 F.2d at 260-61. 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. We find no reversible error. In this case six statements, totaling 64 pages, were given to counsel for overnight study and reflection. We find no error, although the relevance of this evidence is marginal. Oklahoma troopers said Henry L. Boren, 80, apparently fell. Sharon currently resides at 966 Pinkney Rd, Kenly, NC. 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. 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. The State asserts, correctly under T.R.A.P. 39-13-204(d), specifically grants the State the right of closing. The Defendant says that the court was disparaging the Defendant's evidence. The trial court refused to continue the case because Tippens' testimony would be cumulative in light of the fact that there were several other investigating officers who should have possessed the same knowledge. denied, 456 U.S. 980, 102 S. Ct. 2250, 72 L. Ed. Public records show that the phone number (478) 923-6928 is linked to Gary S Caughron, Jennae M Drane. 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. denied sub nom. Its misplacement in Rule 16 caused some confusion. Knoxville, Tennessee. 1985). Author of the National Bestseller INCLUSIFY. 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." 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 first avers that the trial court abused its discretion in denying his motion for a continuance. 1983). 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. A plaster cast of a shoe print found outside the house was consistent with a boot owned by Kenneth Ogle. The expectations placed on defense counsel in this case were completely unrealistic, and they resulted in a deprivation of due process with respect to his client. This last statement was incorrect; but the proof elsewhere, including the photographs and McFadden's subsequent testimony as well as the court's own comments, made the mistake patent to the jury so that the Defendant could not have been prejudiced by the misstatement. App. Unable to complete the sex act with Jones, the Defendant suggested sex with April. In 1940, in the year that Shelby Caughron was born, in July, Billboard published its first Music Popularity Chart. See also Tenn. R.Evid. Another time he said, "If I'm convicted of what I've done, someone will have to pay." There was a gag tied across her mouth, and strips of the blue terry cloth had been wrapped tightly around her neck. App. She said that he had been in special education classes, where he had done well. App. 1973). She said that the Defendant instructed her to bring a towel and a knife "to gut" Ann Jones. The court was also requested to have copies of all these files sealed and filed for any appeal. We find no reversible error in the court's conduct during McFadden's testimony. After allowing the Defendant to approach the bench prior to the testimony of Dr. Cleland Blake, April Ward, Jimmy Lynn Huskey, and Lettie Marie Cruze, when the State called witness Robert Yoakum, and defense counsel again approached the bench, the trial court refused to continue to "pre-review" the testimony, told defense counsel to object to questions as they were asked, and promised that it would then rule on the objections. At the very least, the majority should offer some guidance on the nature and extent of the trial court's discretion in this area of *550 the law and should set standards for determining when an abuse of that discretion has occurred. Sharon B Caughron. 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. With a few exceptions, see, e.g., Tenn.R.Evid. Jones's legs and arms had been bound and tied to the bed with strips of blue terry cloth and pieces of sheer, off-white material like that used for table cloths and curtains. App. He picked her up sometime after midnight. 608 and 609, the trial court is given broad discretion in the timing of its decisions on the admissibility of evidence. In this case the proof vividly shows that this murder involved both torture and depravity of mind. Finally, although the trial court denied the motion for continuance on the mistaken belief that FBI Agent Doug Dedrick would testify, Agent Dedrick's testimony was presented to the jury through stipulation. The trial court did not abuse its discretion in requiring the Defendant to object when questions were actually asked. Agent Davenport did not testify about the attempted suicide. Edward was born on May 13 1911, in Obion County, Tn.. Alleen was born on November 17 1912, in Ridgely, Tn.. Gary J. Aguirre is an American lawyer, former investigator with the United States Securities and Exchange Commission (SEC) and whistleblower . Without any realistic gauge with which to measure the extent of prejudice to the defendant as a result of the due process violations apparent in this record, I conclude that the only appropriate relief is to grant the defendant a new trial, at which the defense will have the benefit of the discovery and disclosure that it should have had prior to and during the first trial. In this case, prejudice is clear. It was April's testimony that it was only after the victim stopped moving that the other abuse occurred. State v. Melson, 638 S.W.2d 342, 359 (Tenn. 1982). They were due back in court in Sevierville at 9:00 the next morning. Statements that Caughron made to friends and associates were incriminating to some extent, but for the most part were brief and ambiguous. 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. The best result we found for your search is Gary Richard Caughron age 60s in Granite City, IL. No. 1972). 148, 458 S.W.2d 627 (1970). 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. The court denied counsel's request for another night in which to review the statements. Less than ten minutes later, he completed his questioning and tendered the witness to the defense for cross-examination. Of course, the prosecution might have overcome any prejudice caused by police interference with the defendant's efforts to prepare his defense, had the state produced April Ward's various conflicting statements in response to the defendant's motion for pretrial disclosure. [2] Weatherford v. Bursey, 429 U.S. 545, 97 S. Ct. 837, 51 L. Ed. Caughron, 27, accompanied by 14-year-old April Marie Ward with whom he was romantically involved, entered the home of Ann Robertson Jones and kicked in her bedroom door. The cause may be different, but the result is the same. 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. According to the history given by the Defendant, his mother had started acting "quite wild" after the divorce, drinking and dating. The court quoted Gregory at length, as well as Gallman v. State, 29 Ala.App.
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