No abuse of discretion warranting reversal is shown in this case. 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. 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 motion is . See State v. Melson, 638 S.W.2d 342, 368 (Tenn. 1982), cert. The court urged the defense counsel to move along by directing the examination to the evidence that was material and important for the jury to consider. Gary is currently based in Ruidoso, New Mexico. April testified that she then hit the victim in the head two times. Gary is related to Gitta E Caughron and Marsha A Caughron. 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. 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. Noting that the statements were admitted falsehoods, the trial court refused to allow their introduction. 24-1-101 was repealed in 1991 (Caughron was tried in 1990). Regarding the need to investigate persons named as suspects in certain statements given to the defense by the State on January 19, 1990, the Defendant failed to show the materiality and relevance of any evidence such an investigation would yield. Moreover, the cumulative prejudice resulting from the due process violations in this case, in which the defendant has been convicted and sentenced to death, cannot be written off as harmless error. Michael Caughron currently lives in Port Lavaca, TX; in the past Michael has also lived in Charleston SC. See separate dissenting opinion. When the trial judge responded *552 that he was "powerless to require the Attorney General to do something the rules and the law do not require," that is, to order early production of the statements, Ogle made the following, thoroughly reasonable response: The trial judge denied defense counsel's request for a recess on the ground that the "material is not that complex. 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. 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. There was, in short, no violation of Rule 26.2 and thus no error, in the majority's view. 369 F.2d at 189. They walked to the victim's house from the parking lot of a nearby nursing home, where they had left the Oldsmobile. No. Costs are adjudged against the Defendant. 1980); see also State v. Taylor, 669 S.W.2d 694, 698-700 (Tenn. Crim. The police department and the district attorney's office clearly understood April Ward's significance as a prosecution witness. The Defendant avers that the trial court erred in allowing the prosecution to ask leading questions of April Ward on direct examination. The Defendant asserts that no evidence corroborates the testimony of April Ward, his accomplice. 1983), cited by Defendant, only indicates that an in camera inspection is necessary once it has been shown that there is material producible under Rule 16, in that case Jencks material. 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. 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. [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." No. He picked her up sometime after midnight. The first such testimony objected to by Defendant was that of April Ward, to the effect that she was upset with Jones because of a conversation that Jones had had with her mother; that she was mad at Jones because "no one approved of us on the porch"; and that she hurt Jones because she hated her for going to her mother and trying to separate her from the Defendant. Under caselaw interpreting this statute, discovery of statements by witnesses other than the defendant was not permitted. 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 In this case six statements, totaling 64 pages, were given to counsel for overnight study and reflection. Select this result to view Gary Richard Caughron's phone number, address, and more. Over 20 years of Infrastructure and Application Systems Design, Implementation, Upgrades and Maintenance. The sole issue is whether counsel was afforded a reasonable opportunity to examine the statements. 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. The remainder may then be disclosed at trial under the provisions of Rule 26.2(a).". The Defendant alleges that the trial court erred in refusing to allow introduction of an extrajudicial statement made by one Kenny Phillips, an inmate at one of the state prison facilities, who was called as a witness for the defense. See also United States v. McCrary, 699 F.2d 1308 (11th Cir.1983). He is the linchpin of the prosecution's case." App. Sharon currently resides at 966 Pinkney Rd, Kenly, NC. 2d 603 (1967). The proof is ambiguous as to whether the State gave Defendant this statement under Rule 16. First, there is no reasonable basis in fact for the trial court's allegation that defense counsel had not been diligent, either in his representation of his client or in the discharge of his duties as an officer of the court. Obituaries in Los Angeles County | Los Angeles Public Library 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. His aunt testified that, on the Friday night after he bought a green and white Oldsmobile, he came to his grandmother's house around 11 or 12 o'clock and went to bed. denied, 396 U.S. 865, 90 S. Ct. 143, 24 L. Ed. At trial the Defendant elicited from Christy Jones Scott the testimony that she had unloaded two or three bags of laundry detergent from her mother's truck after she had found her mother. Taylor, 771 S.W.2d at 391. In the past, Michael has also been known as Michael G Caughron, Michael Gary Caughron, Mike G Caughron, Michael Cauchron and Michael Coughron. Caughron then took April aside and warned her not to tell what had happened. Under T.R.E. Gary Allen Caughron Obituary (1963 - 2015) Poteau Daily News 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. Atty., Sevierville, for appellee. Mountain City, TN Registered Sex Offenders - Page 6 When a prosecutor deliberately conceals a material witness and the defense is thereby prejudiced, a due process violation results. The Defendant told Haynes that when he woke up the next morning he had blood all over him and that he did not know whether or not he had killed the victim. Taylor, of course, stands for the obvious proposition that on motion, "a[] statement of the witness that relates to the subject matter concerning which the witness has testified" must be "produce[d] for the examination and use of the moving party," but only "[a]fter [that] witness has testified on direct examination." Right now Gary is an Owner at Caurhon Gary. Defendant's next objection was to the testimony of April's mother that the victim had told her that as a rule she did not get involved in other people's affairs but that she thought "April was a sweet little girl and she didn't trust Gary Caughron." As they went down the hall to Jones's bedroom, April could hear her calling, "Who is it? 1982). At the beginning of trial the Defendant asked the court to inspect the files in camera to look for any possible exculpatory evidence. While the defendant's lead attorney did cross-examine April Ward at trial, there is no way to measure how much more vigorous and effective his cross-examination might have been if he had been able to interview the witness in person prior to trial, or had been furnished with her prior inconsistent statements in response to his timely discovery motion, or had been given an adequate opportunity to review those statements and use them to prepare an effective cross-examination following her testimony on direct examination, all of which he was entitled to do under state and federal law and under our rules of procedure. The trial court wished to proceed, apparently to allow April Ward to finish her testimony that day. The Fourth Circuit noted in United States v. Smith Grading & Paving, Inc., 760 F.2d 527, 532 (4th Cir. Mary Ann Caughron (1939-2016) - Find a Grave Memorial He argues that Jones was unconscious during most of the acts that occurred that night. Based on this authority, "the serious nature of [the] case," and the witness's testimony that the prosecutor's letter influenced his decision not to talk to defense counsel, the court reversed the conviction and remanded the case for a new trial. Sometime within the following two or three weeks, Christy Jones Scott discovered a silver, turquoise and coral ring with a thunderbird design lying on the ground beside her mother's truck, which was still parked at her mother's house. Further, the Federal rule treats law enforcement officials as witnesses called by the state, but the commission elected not to adopt this provision. Casey Caughron - Manager, IT Operations - WaterOne | LinkedIn This upset Caughron, who told April Ward that he would like to catch Ann Jones "out one night" and "slice her throat." 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. Hence, both the due process violation by police in directing April Ward's mother not to let her talk to defense counsel, and the extenuation of that due process violation by the prosecutor in wrongfully withholding Brady material, could have been overcome in this case, had the trial court given defense counsel an adequate opportunity to review that material at an appropriate point during the trial. The cause may be different, but the result is the same. The record does not support any allegation that the State has failed to comply with its duties under Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 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." Gary June CAUGHRON, Appellant. Unable to complete the sex act with Jones, the Defendant suggested sex with April. The lawyer was due back in court at 9:00 a.m. the next morning, approximately 13 hours later, ready for trial. When she returned to the bedroom, she saw the Defendant striking Jones's back with the pool stick. These depictions are certainly not pleasant, but they are not shocking or gruesome. 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." Create, edit, and maintain all scheduling . According to the state's forensic pathologist, Dr. Cleland Blake, Jones had suffered several "blunt traumatic contusions" to her head. 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." According to Green, the Defendant's childhood had been very unsettled. We therefore affirm the conviction of first degree murder and the sentence of death. denied, 459 U.S. 1137, 103 S. Ct. 770, 74 L. Ed. Copenhagen mayor to Solvang, California: Stop acting homophobic - Los Nichols, 581 So. The trial court also has broad discretion in controlling the course and conduct of the trial. Although the trial court told defense counsel that he could explore this situation "later at a proper time," counsel never did so. I am authorized to say that Chief Justice REID joins in this opinion. Michael Caughron , 59. For example, in a case very close on its facts to the one now before us, the prosecution turned over Jencks material to defense counsel on a Sunday morning at 10:00 a.m., preceding the start of a three-day trial the next day, Monday. 2d 100 (1974). Its misplacement in Rule 16 caused some confusion. 5249 HIGHWAY 67 WEST MOUNTAIN CITY, TN 37683. Again, the import of this testimony was that the conversation between April's mother and the victim occurred, not that the victim's statement was true. 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. What are you doing?" 2255"). Obviously, Rule 26.2(c) applies to such pretrial motion hearings. 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. Informing the jury that "[t]rue or untrue, you may consider that this conversation took place," the trial court overruled Defendant's objection. Dr. Blake concluded that Jones had died as a result of asphyxiation while unconscious. He told April that he would return that night and that the two would go to the victim's house as planned. Federal case analysis on this point is compelling. 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. 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. Because April Ward was effectively under "house arrest" during the months immediately before trial, this directive cut off any access that defense counsel might have had to this crucial witness during his investigation of the case and preparation for trial. 2d 30 (1977); State v. Brownell, 696 S.W.2d 362, 363 (Tenn. Crim. See also Boone v. Paderick, 541 F.2d 447 (4th Cir.1976); United States v. Sutton, 542 F.2d 1239 (4th Cir.1976). He was an oil field inspec 1991), the Alabama Court of Criminal Appeals reversed a conviction after the district attorney sent letters to prospective witnesses asking them not to discuss the case without a government attorney present. denied, 444 U.S. 833, 100 S. Ct. 65, 62 L. Ed. 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. Statements that Caughron made to friends and associates were incriminating to some extent, but for the most part were brief and ambiguous. 1975). 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 431, 438 (N.D.Ohio 1973), the court reviewed an order requiring the government to show cause why it should not make a witness's prior statements available to the defense before 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. 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. View Gary June Caughron's Criminal Record Alias (es) Canghorn, Gary June Brooks v. State, 187 Tenn. 67, 213 S.W.2d 7, 10 (1948). App. The boot print on the victim's bedroom door established that someone other than the defendant had kicked in the door. The State asserts that the Defendant waived this issue. See Giglio v. United States, 405 U.S. 150, 154, 92 S. Ct. 763, 766, 31 L. Ed. 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. The Defendant specifically complains of the trial court's interruption of his cross-examination of Christy Jones Scott and of Officer Sam Owenby, both of which interruptions were apparently attempts to keep the examination moving along; and of the court's statements during the cross-examination of Dr. Cleland Blake that what the doctor had told the jury was "just what he's told them" and that questions about why the doctor took fingernail clippings were academic and the answer obvious to anyone who had watched the television show Quincy. We find no error in the guilt phase or sentencing phase of this case. What is not *551 included in the majority opinion is a recitation of the procedural background of the trial, putting in context the "Jencks motion" made by defense counsel at various points during the proceedings. 2d at 1249 (citing Gallman, 195 So. Defense counsel apparently did not know until he received these documents from the prosecutor that April Ward had made six separate statements to police. 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. State v. Hartman, 703 S.W.2d 106, 116 (Tenn. 1985); Lillard v. State, 528 S.W.2d 207, 212 (Tenn. Crim. The record reflects that "it took an experienced attorney twenty-four hours to read through this material once in preparation for this appeal."[5]Id. Tennessee had the highest population of Caughron families in 1840. April testified that she hated Jones because she had tried to separate her and the Defendant by going to her mother. 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. 801(c); State v. Coker, 746 S.W.2d 167, 173 (1987). 40-2441, enacted in 1963, permitted pretrial discovery of a confession or statement against interest made by the accused. A careful reading would consume much more than the two-hour estimate given in the majority opinion. 373 U.S. at 84, 83 S. Ct. at 1195. State v. Melson, 638 S.W.2d 342, 359 (Tenn. 1982). He called the victim a "bitch." [3] While Brady contemplates the suppression of many types of exculpatory evidence, the Supreme Court has specifically held that evidence impeaching a government witness's credibility may be exculpatory within the meaning of Brady. 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). denied, 459 U.S. 1137, 103 S. Ct. 770, 74 L. Ed. Again defense counsel indicated he would address any problem later but apparently failed to do so. United States v. Augenblick, 393 U.S. 348, 356, 89 S. Ct. 528, 533, 21 L. Ed. *533 Three inmates who had been incarcerated with the Defendant in the Sevier and Cocke County jails testified about statements that he had made to them concerning the victim and her death. The Defendant avers that the trial court's denial of counsel's request for sufficient time to review the statements under Rule 26.2(d) constitutes reversible error. App. One night, two or three weeks before the murder, Ann Jones made the Defendant Caughron, who had been drinking, leave her shop because he was acting in a disorderly manner. 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. 111-129.) We find no reversible error. 1980). The time needed for a reasonable examination is necessarily related to the length and complexity of the statements. The physical and psychological demands on an attorney in trial, especially a criminal trial involving a capital offense, are heavy. 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. Blausen Medical is a leading provider of illustration, animation and simulation for Health Care and related industries, providing . 793 F.2d at 413. In that 13-hour interval, he was called upon to confer with his client, to spend the patter part of two hours driving to and from his out-of-county office, to review the day's events with his co-counsel, to prepare his opening statement for the next morning, and to tend to such personal matters as eating, sleeping, and maintaining personal hygiene.

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