gary june caughron

For the reasons set out above, I dissent from the majority's decision to affirm the defendant's conviction in this case. 804(b)(5). 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. Gary June Caughron. But, at least initially, she was not a cooperative witness. 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. Id. Gary June CAUGHRON, Appellant. 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. She described her nephew as "slow" and said that he had a good attitude since he had been in jail. The second best result is Gary Ray Caughron age 40s in Springfield, MO. There is sufficient corroboration; e.g., Jimmy Huskey's and Tom Bentley's testimony about the fabrics (blue terry cloth and lacy material) in the Defendant's possession; testimony of Defendant's appearance and behavior the morning after the murder; the presence of the turquoise ring at the victim's house; and Defendant's statements to his cell-mates, Roy Haynes, Bobby Floyd, and Tim McGaha. 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. 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. 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). The trial court did not abuse its discretion in requiring the Defendant to object when questions were actually asked. In response to the defendant's pretrial "Brady motion" seeking pretrial disclosure of material evidence favorable to the defense the prosecutor failed to provide defense counsel with copies of April Ward's prior inconsistent statements. 1972). His father, whom Pareau described as "overtly psychotic," was an alcoholic and had physically abused his mother until their divorce. 2d 1287 (1959). Gary Caughroncurrently lives in Capitan, NM; in the past Gary has also lived in Ruidoso NM. [1] T.C.A. Obviously, Rule 26.2(c) applies to such pretrial motion hearings. Defense counsel was in effect asking the court as a regular practice, to speculate on the admissibility of evidence, without any idea of the context in which the evidence would be presented. 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. 39-13-204(d), specifically grants the State the right of closing. See also United States v. McCrary, 699 F.2d 1308 (11th Cir.1983). He also objects to Cruze's testimony that the Defendant "sneaked around" her house for some period of time after the murder. CAUGHRON, ROY W. - age 54, of Sevierville, passed away Friday, January 11, 2013. 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. State v. Caughron - Tennessee - Case Law - VLEX 887987180 378. He told McGaha that he had been drunk and partying the night of the murder. Billy Strings 2023 Tour Dates. The proof is ambiguous as to whether the State gave Defendant this statement under Rule 16. Testimony about April's emotional reaction to the murder tends to bolster her credibility, as does testimony about her continued contact with the Defendant. 1990), the writers suggest that leading questions may be used to shorten the time needed for a witness to testify or to facilitate the direct examination of a young or otherwise impaired witness. 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. A due process violation requires more than the suppression of significant exculpatory evidence, however. Search Local Arrest Records 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. State v. Caughron :: 1993 :: Tennessee Supreme Court - Justia Law has since been changed to "Every person is presumed competent to be a witness except as otherwise provided in these rules or by statute.". 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 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. Courts will find prejudice, however, when defendant's pre-trial preparation is hampered by the inability of counsel to assess the credibility of witnesses. He reminded the trial judge that he had not received the package of statements until after court adjourned the previous night. The phone lines to the house had been cut. Thus, only a part of a witness' statement may be relevant to the hearing. 2d 481 (1985). 1971). 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. 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." Gary J. Aguirre - Wikipedia The crucial evidence Defendant alleged Tippens possessed was his knowledge that there were groceries in the victim's truck when the body was discovered. It should be emphasized that this case does not involve the denial of Rule 26.2 statements. For persons dying between 1940-1997, you can order a copy of the death certificate via Ancestry.com for a fee. [2] So long as a witness is of sufficient capacity to understand the obligation of an oath or affirmation, and some rule or statute does not provide otherwise, the witness is competent. Supreme Court of Tennessee, at Knoxville. The Defendant insists that certain testimony of April Ward and her mother, Lettie Cruze, concerning statements made by the victim was inadmissible hearsay. When Robert Yoakum, Cruze's boyfriend, teased the Defendant about the blood, Caughron told him that "a bitch had hit him in the head with a beer bottle." It fails to take into account the fact that almost half this period of time, nine hours, was spent in court during the course of the trial. 1980); see also State v. Taylor, 669 S.W.2d 694, 698-700 (Tenn. Crim. lab, who was Defendant's first witness. April Ward's mother, Lettie Marie Cruze, worked at the Turquoise Jewelry Shop in Settler's Village, a group of shops in Pigeon Forge. 5249 HWY 67W MOUNTAIN CITY, TN 37683. 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. The sentence will be carried out as provided by law on the 10th day of August, 1993, unless otherwise ordered by this Court or by other proper authority. 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. 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. 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. The District Attorney in this case provided defense counsel with April Ward's six statements at 7:15 p.m. on the evening before April Ward's testimony. Found email listings include: g***@ruidosohomesnland.com. This advance production satisfied the State's duty under Rule 26.2 and avoided the needless delay of the trial. Gary Caughronwas born on 03/07/1955 and is 67 years old. They used to work at Ruidoso Residential Properties. 855 S.W.2d 526 (1993) | Cited 4 times. The verdict and judgment are supported by material evidence, and the sentence of death is in no way arbitrary or disproportionate. The key witness in this case was April Marie Ward, who was 14 years old at the time of the killing. 134), followed by Petitioner's surreply on August 15, 2017. To ensure against such an interpretation of the opinion in Jencks, the United States Congress enacted 18 U.S.C.A. About. 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. The defendant must show that the state withheld favorable, material evidence and that its suppression was prejudicial to the defendant's case. Despite assertions that he had been informed that the State had failed and refused to disclose certain material, Defendant never requested the court to examine any specific document or evidence. 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. Gary J. Aguirre is an American lawyer, former investigator with the United States Securities and Exchange Commission (SEC) and whistleblower . 729 F.2d at 260-61. 1981). The Defendant avers that the trial court erred in not permitting him to make the final closing argument at sentencing. Paltorah testified that the print on the door was consistent with a smooth-soled shoe as opposed to the tennis shoe worn by the Defendant.
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