Further, the Federal rule treats law enforcement officials as witnesses called by the state, but the commission elected not to adopt this provision. The State asserts that the Defendant waived this issue. 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. He apologized to the trial judge for having to ask for a recess, and indicated that the defense had tried to avoid the delay by seeking pretrial discovery of the witnesses' statements, an effort that had proved unsuccessful. He also objects to Cruze's testimony that the Defendant "sneaked around" her house for some period of time after the murder. Supreme Court Denies Appeal in Sevier County Death Penalty Case Gary June - Chief Marketing Officer - Blausen Medical | LinkedIn 793 F.2d at 413. The court therefore specifically instructed the jury that it had acted, not to emphasize that part of the charge, but to "comport exactly" with the law. 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. 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." Sharon currently resides at 966 Pinkney Rd, Kenly, NC. 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. According to April, Jones cried and pleaded with them not to hurt her, but the two told her she was going to die. 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. Join Facebook to connect with Gary Caughron and others you may know. We find no error in the guilt phase or sentencing phase of this case. 1981). 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." For example, in Kines v. Butterworth, 669 F.2d 6 (1st Cir.1981), cert. The progenitor of Tennessee Rule of Criminal Procedure 26.2 is the 1957 decision of the United States Supreme Court in Jencks v. United States, 77 S. Ct. 1007, 353 U.S. 657, 1 L. Ed. The record reflects that the state relied on it in arguing aggravating circumstances during the penalty phase of the proceedings. Grady B Caughron (1919 - 2007) - Johnson City, TN Gary June's Instagram, Twitter & Facebook on IDCrawl In United States v. Peter Kiewit Sons' Co., 655 F. Supp. Examination of the scene of the crime revealed that the door to the bedroom where the body was found had been forced open. 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. 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 804. 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. Dr. Stefanie K. Johnson. What are you doing?" Our examination of the record shows at least five occasions when Defendant objected to the State's questioning of Ward as leading. 1984). The boot comment was one episode of this behavior. On their way to Ann Jones's house April and the Defendant drank alcohol and took drugs. He then struck her brutally and repeatedly about her head until, according to April Ward, she no longer moved. We are of the opinion that this senseless, and brutal killing clearly warrants the imposition of the death penalty. 1972). 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. NECX PO 5000 MOUNTAIN CITY, TN 37683. While the Defendant was staying at her house shortly after the murder, Cruze noticed that he had "an odd toothbrush for a man," a pink brush with a little rubber tip. [2] Weatherford v. Bursey, 429 U.S. 545, 97 S. Ct. 837, 51 L. Ed. The Defendant complains that the court should not have allowed TBI Agent David Davenport and Detective Kenny Bean to testify about Defendant's attempted suicide because information about the attempt was part of a statement made by the Defendant but not supplied to the defense as required by T.R.Cr.P. It was only the first in a series of efforts to thwart defense access to information about the case. 875 S.W.2d 253 (1994) | Cited 9 times . 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. They walked to the victim's house from the parking lot of a nearby nursing home, where they had left the Oldsmobile. Mountain City, TN Registered Sex Offenders - Page 6 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. However, the Tennessee rule applies to all pretrial motions under Rule 12(b). 2d 641 (1980); Lockett v. Blackburn, 571 F.2d 309, 313 (5th Cir. ), cert. It is axiomatic that a trial judge should exercise care not to express any thought that might lead the jury to infer that the judge is in favor of or against the defendant in a criminal trial. In the package were over 100 pages of typewritten and handwritten materials, comprising the statements of 20 different persons. *542 The trial court held him in contempt. The door had been made available to the defense attorney for examination on January 26, three days before his motion. [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. Wharton on Criminal Procedure. 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. Facebook gives people the power to. Moreover, the inconsistent statements of a witness are considered impeachment evidence favorable to a defendant. Dr. Blake's testimony was that the head injuries would have rendered her unconscious. 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. Gary June Caughron v. State of Tennessee - CourtListener.com The Defendant says that the court was disparaging the Defendant's evidence. He raises numerous issues in this appeal; but, after careful review of the entire record and the law, we find these issues to be without merit. The boot print on the victim's bedroom door established that someone other than the defendant had kicked in the door. [1] The action of the police in blocking pretrial access to the state's most crucial witness and the prosecution's failure to disclose summaries of her pretrial statements are not raised as discrete issues on appeal. 2d 856 (1982), a state trooper instructed three witnesses, the correctional *547 officers present after a prison assault, not to discuss the case with the defense attorney. After looking at a newspaper article mentioning the homicide, the Defendant told Haynes that he thought his girlfriend was "snitching" on him. Menu Log In Sign Up The trial judge did not abuse his discretion by completing April Ward's testimony that afternoon. According to the history given by the Defendant, his mother had started acting "quite wild" after the divorce, drinking and dating. To this the trial judge responded: The jury was brought back to the court-room, and the district attorney continued his direct examination of April Ward. The Defendant argues that questioning jurors about their beliefs on the death penalty biases the jury toward a finding of guilt and acceptance of the death penalty in violation of the Fifth, Sixth and Fourteenth Amendments to the United States Constitution and Article I, 8 and 9, of the Tennessee Constitution. 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. 2d 1245 (Ala. Cr.App. denied, 396 U.S. 865, 90 S. Ct. 143, 24 L. Ed. See Graves v. State, 489 S.W.2d 74, 81 (Tenn. Crim. Statements that Caughron made to friends and associates were incriminating to some extent, but for the most part were brief and ambiguous. He called the victim a "bitch." Focused on developing the leaders of the future today. When, later that day, the state called April Ward as its fourth witness, Ogle told the trial judge that he had had time to review only one of April's statements and asked that trial be adjourned until the next morning to permit him to examine the rest of her statements before she testified. 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. Defendant challenges the admissibility of Huskey's testimony that in 1986 the Defendant listened to hard rock music, drew sketches of "demons and stuff" like that on record album covers, had a pool stick that broke down into three pieces, had a light-colored tablecloth or curtain material in the back of his car, talked about tying up women during sex and told Huskey that slapping women "on the butt really turned him on." App. Gary Robert Caughron was born on month day 1933, at birth place, Missouri, to Edward Wright Caughron and Alleen Inez Caughron (born Long). It makes no provision for two hours of travel, for time that the attorney spent consulting with his colleagues and his client, for time devoted to planning trial strategy for the next day (including opening argument), or for a reasonable period of time for rest and sustenance. In judging whether a defendant has been denied due process by the state's directive to a potential witness not to talk to defense counsel, the courts use an analysis much like that used in Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. In the absence of proof to the contrary, it is assumed that all of the jurors who rendered the verdict were impartial and qualified and that a mistrial was not warranted. Complaining that she had "tightened up on him," he then slapped the victim on the right buttock. He is the linchpin of the prosecution's case." But in February, the City Council rejected the Cavallis . 2d 119 (1969), the prosecuting attorney advised the witnesses to two robberies not to talk to anyone in his absence. Associate Professor . App. In Dr. Pareau's opinion, Caughron had received inadequate parenting, and there had been no consistency in his relationships. There was a gag tied across her mouth, and strips of the blue terry cloth had been wrapped tightly around her neck. In Tennessee the right to inspect pretrial statements of a witness called to testify at trial, for the purpose of effectively cross-examining that witness, did not exist prior to the adoption of the Tennessee Rules of Criminal Procedure in July 1978. Of course, a witness has the right to refuse to be interviewed. This provision is similar to language found in Rule 12(i) of the Federal Rules of Criminal Procedure but the Tennessee Rules Commission elected to treat all witness statements in one rule. 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. April Ward's mother, Lettie Marie Cruze, worked at the Turquoise Jewelry Shop in Settler's Village, a group of shops in Pigeon Forge. 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. Edward Moore, the jailer at the Sevier County Jail, testified that he had never had any "real problems" from Defendant while he had been in jail. 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. 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.
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