gary june caughron

Troy Gene Caughron, age 81 of Pigeon Forge, passed away Saturday, December 20, 2014. 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 second episode occurred when State's witness Tom Diddly recognized one of the jurors as the owner of the wrecker service that had towed Defendant's car when the witness worked on it. 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.". 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. 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). There was a "patch" of "scraping type of injuries caused by some kind of slender linear object like whipping marks" on the left back side of her chest beneath her shoulder blades. He was preceded in death by his parents Harmon and Alma Caughron, sisters Pauline,. Caughron Genealogy | WikiTree FREE Family Tree George Edward Hardin. The court was also requested to have copies of all these files sealed and filed for any appeal. Obituaries in Los Angeles County | Los Angeles Public Library The woman was bound, beaten and strangled with cloth strips. In early summer 1987, according to April, she and the 27-year-old Defendant met and became romantically involved. The State asserts that it did. See, e.g., State v. Jenkins, supra, 733 S.W.2d at 532; Pique v. State, 480 S.W.2d 546, 550-551 (Tenn. Crim. Over the Defendant's objection the trial court allowed the State to recall the victim's daughter, Christy Jones Scott, to testify that her mother owned a collection of shot glasses and a pink Oral B toothbrush. Although instructing a witness not to talk with defense counsel may constitute a due process violation, some courts, emphasizing the requirement of prejudice, have found no constitutional error when the defendant does not appear to have been harmed by the misconduct. Thus, the majority concludes, the prosecution's "advance production satisfied the State's duty under Rule 26.2 and avoided the needless delay of the trial," and the trial court's decision "to proceed, apparently to allow April Ward to finish her testimony that day" was not an abuse of discretion. At his last interview, when confronted with falsehoods in his prior statements, Caughron became upset and walked out of the room. 369 F.2d at 189. 94-626-II Joseph M. Tipton Affirmed Rule 11 Denied - Application of Gary June Caughron. The Defendant insists that certain testimony of April Ward and her mother, Lettie Cruze, concerning statements made by the victim was inadmissible hearsay. 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. United States v. Ingraldi, 793 F.2d 408 (1st Cir.1986). As to the latter right, the United States Court of Appeal has noted: Krilich, supra, at 682 (holding that a Jencks violation "presents an issue of sufficient constitutional dimension to warrant consideration under 28 U.S.C. April 27, 2023. Gary Caughron works at James M Russ II - Connect Realty, which is a Real Estate company. App. 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. The trial court did not err in admitting the testimony. at 78. April further testified that after her mother went to sleep, she cut a blue terry cloth towel into strips and waited for Caughron to arrive. The remainder may then be disclosed at trial under the provisions of Rule 26.2(a).". Sign up for our free summaries and get the latest delivered directly to you. [9] There is no way to know to what extent this aspect of April's testimony may have affected the jury's decision to impose the death penalty. United States v. Hinton, 631 F.2d 769, 771, 778-780 (D.C. Cir.1980). Furthermore, no prejudice has been shown. 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." 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. Sharon Caughron OfficialUSA.com Records 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. See generally United States v. Starusko, 729 F.2d 256 (3d Cir.1984). 2d 30 (1977); State v. Brownell, 696 S.W.2d 362, 363 (Tenn. Crim. Join Facebook to connect with Gary Caughron and others you may know. When a prosecutor deliberately conceals a material witness and the defense is thereby prejudiced, a due process violation results. This constitutional violation is made all the more egregious by the fact that the trial court took note that it was imminent, but did nothing to prevent it. Some of the questions objected to were leading, some were not. On cross-examination, however, she conceded that Caughron was not insane and could conform his conduct to the dictates of the law. 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. Dr. Blake concluded that Jones had died as a result of asphyxiation while unconscious. 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." 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. After working in a law firm briefly, he became a public defender, then worked as a trial lawyer in California. See State v. Henley, 774 S.W.2d 908, 913 (Tenn. 1989); State v. Sparks, 727 S.W.2d 480, 483 (Tenn. 1987); State v. Carter, 714 S.W.2d 241, 244-245 (Tenn. 1986). (Doc. 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. Id. April testified that Caughron entered the house by himself and then summoned her inside. The City Council last year officially declared June to be Pride Month in Solvang, and the town, just a few years ago, had a gay mayor. 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." ), cert. 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. We therefore affirm the conviction of first degree murder and the sentence of death. The due process violation in this case began with a police directive to April Ward's mother, Lettie Marie Cruze, not to let April talk to the defendant's counsel during the investigatory stage of this case. He picked her up sometime after midnight. Again defense counsel indicated he would address any problem later but apparently failed to do so. 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. 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. Gary Caughron - James M Russ II - Connect Realty | ZoomInfo There is therefore no merit to this part of the issue. 1990). Select this result to view Gary Richard Caughron's phone number, address, and more. Casey Caughron - Manager, IT Operations - WaterOne | LinkedIn Courts will find prejudice, however, when defendant's pre-trial preparation is hampered by the inability of counsel to assess the credibility of witnesses. Gary was born in Nevada, Mo., on Oct. 11, 1963, to Robert and Elizabeth (Wolf) Caughron. 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." 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. Id. Gary June Caughron Registration Details Last Known Address: NECX PO 5000, MOUNTAIN CITY, TN 37683 Gary June Caughron - Registered Sex Offender Criminal Record of Gary June Caughron DOB: 1961-07-28 Race: White Sex: Male Eyes: Hazel Height: 5 ft 4 in Hair: Black Weight: 180 lbs. The government showed him all statements except the one in which the companion admitted the actual killing. He was an oil field inspec She described her nephew as "slow" and said that he had a good attitude since he had been in jail. Ogle had been a boyfriend of Teresa Goad, one of the victim's daughters. Ward was a young and highly emotional witness and at times it was necessary to lead her "to develop" her testimony. at 778. 2d 215 (1963), or Rule 16, T.R.Cr.P. Search Local Arrest Records The admission of expert testimony is largely in the discretion of the trial judge. 39-2-203(i)(5) requiring torture or depravity of mind and should define "cruel," "torture" and "depravity." 2d 297 (1973), and F.R.E. State v. Daniel, 663 S.W.2d 809 (Tenn. Crim. This proposed instruction was rejected by the Court in State v. Payne, 791 S.W.2d 10, 21 (Tenn. 1990), and State v. Melson, 638 S.W.2d 342, 367 (Tenn. 1982), cert. 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. 1972). The Defendant next argues that Dr. Blake was not qualified to characterize the injuries on the victim's back as "whipping marks" and those on her buttock as a slap injury. 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.

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