He reminded the trial judge that he had not received the package of statements until after court adjourned the previous night. Nevertheless, if defense counsel had been given an opportunity to make effective use of the material, that is, time to review those contradictory statements and time to prepare for April Ward's cross-examination based on what was contained in those statements, the due process problem in this case might have been avoided. 1971). (Doc. Id. 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. We find no reversible error. We are of the opinion that this senseless, and brutal killing clearly warrants the imposition of the death penalty. The court stated: Id. 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. App. Detective Bean did testify that on August 25, 1988, when he asked Defendant why he attempted to kill himself after Davenport had initially talked with him about Jones's murder, Defendant replied that he was depressed and had a lot on his mind. Less than ten minutes later, he completed his questioning and tendered the witness to the defense for cross-examination. After working in a law firm briefly, he became a public defender, then worked as a trial lawyer in California. Gary is currently based in Ruidoso, New Mexico. 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All Gary June Caughron vs. State of Tennessee (03C01-9707-CC-00301) Sevier Criminal John K. Byers, Sr.J. 24-1-101 was repealed in 1991 (Caughron was tried in 1990). denied, 459 U.S. 1137, 103 S. Ct. 770, 74 L. Ed. 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. Gary R Caughron from Granite City, IL Also known as: Mr Gary R Caughron, Mr Gary Caughron Age: 61 years old Mobile number (618) 876-9480 Marital status Single Landline number (618) 344-4510 Gender Male Occupation ads view occupation Born June 21, 1961 Email addresses gcaughron@excite.com garyc2500@yahoo.com More about Gary R Caughron Contact Info They next drove to Dollywood, where they met several people, one of whom, Kevin Carver, threatened April with harm if she "got the Defendant in trouble.". This description matched that of the ring Christy Jones Scott had found in her mother's driveway after the killing. Ward testified that she and Caughron also sat on the floor and drank Jones' blood from shot glasses. 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. They walked to the victim's house from the parking lot of a nearby nursing home, where they had left the Oldsmobile. The Defendant first avers that the trial court abused its discretion in denying his motion for a continuance. You can explore additional available newsletters here. 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. Godfrey v. Georgia, 446 U.S. 420, 100 S. Ct. 1759, 1767, 64 L. Ed. The best result we found for your search is Gary Richard Caughron age 60s in Granite City, IL. Gary Robert Caughron was born on month day 1933, at birth place, Missouri, to Edward Wright Caughron and Alleen Inez Caughron (born Long). The court, finding "nothing that unfairly affected or handicapped appellants in preparation for trial," held that due process was not violated because defendant could show no prejudice to his 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. 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. Jerry Springer longtime syndicated talk-show host and former Cincinnati mayor died Thursday at his home in the suburbs of Chicago. Phillips seemed to think that by testifying he would be risking a charge of perjury. 1972). 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. Berating defense counsel for his repeated efforts to secure a recess, the trial judge said: Following the brief recess, the trial judge added: Before beginning an analysis of the legal principles applicable to these facts, two observations seem pertinent, both based on a careful reading of the transcript in this case. Thus, a reviewing court must consider the materiality of the withheld evidence in light of the other evidence presented. App. There would be little logic in requiring statement production only at trial, and not at pretrial hearings where testimony as to the facts of the case is being given under oath. Gary Caughron works at James M Russ II - Connect Realty, which is a Real Estate company. However, they are treated in this opinion not as independent grounds for relief, but as due process violations that exacerbated the Jencks error in this case, making it obvious reversible error. At sentencing the trial court instructed as an aggravating circumstance: "The defendant allowed the victim to be treated with exceptional cruelty during the commission of the offense." Further, our comparative proportionality review convinces us that the sentence of death is neither excessive nor disproportionate to the penalty imposed in similar cases, considering both the nature of the crime and the Defendant. The defendant also took a statement to this effect from Phillips. Gary Caughron Profiles | Facebook 2d 215 (1963), or Rule 16, T.R.Cr.P. 2. 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." At least one state court has applied harmless error analysis to the violation of production rule. Even though the trial court explained to him that as long as he testified truthfully he would not be committing perjury, Phillips refused to testify. At 4:05 p.m. the next day, shortly before the conclusion of the direct examination of April Ward, counsel for Defendant asked the court to allow him to start his cross-examination the next morning. App. Caughron told another prisoner, Roy Haynes, that on the night of the murder, he and his girlfriend had driven to a house on Cove Road or Cove Mill Road (the victim lived on Cole Drive) in Pigeon Forge and that from that point "he couldn't remember nothing he was so messed up on cocaine." Pique v. State, supra, 480 S.W.2d at 550-551. In Nichols v. State, 581 So. 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. About. 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. Michael Caughron , 59. Over the course of these interviews, the Defendant became more and more nervous. According to April, Jones cried and pleaded with them not to hurt her, but the two told her she was going to die. 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 was an oil field inspec App. Mary Ann Caughron (1939-2016) - Find a Grave Memorial The reviewing court found an abuse of discretion amounting to a violation of the defendants' rights under the Jencks Act and ordered a new trial. With a few exceptions, see, e.g., Tenn.R.Evid. 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. 2d 137 (1986); State v. Coker, 746 S.W.2d 167, 171 (Tenn. 1987); State v. McKay, 680 S.W.2d 447, 450, 453-455 (Tenn. 1984). Ann Jones ran the Wild Hare Tee Shirt Shop in this same shopping center. Moreover, appellate judges are in a poor position to second-guess counsel on the question of whether a recess to permit full utilization of the statements in this case would have been efficacious. Found email listings include: g***@ruidosohomesnland.com. 2d 104 (1972); United States v. Bagley, 473 U.S. 667, 105 S. Ct. 3375, 87 L. Ed. In the past, Michael has also been known as Michael G Caughron, Michael Gary Caughron, Mike G Caughron, Michael Cauchron and Michael Coughron. After looking at a newspaper article mentioning the homicide, the Defendant told Haynes that he thought his girlfriend was "snitching" on him. One time when asked who had killed Ann Jones, Defendant stated, "Whoever done it needs help." Of course, a witness has the right to refuse to be interviewed. App. 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. He also contends that this evidence was irrelevant. Casey Caughron - Manager, IT Operations - WaterOne | LinkedIn denied 429 U.S. 821, 97 S. Ct. 69, 50 L. Ed. We find no error, although the relevance of this evidence is marginal. 2d 1304 (1959): Thus, federal law permits the courts to overlook Jencks violations only in the narrowest of circumstances:[7]. Id. Gary Allen Caughron Obituary (1963 - 2015) Poteau Daily News Defense counsel did not object to a corrected charge. Given the centrality of April Ward's testimony, the inherent unreliability which attaches to that testimony by virtue of the half-dozen contradictory statements she made over a five-month period prior to trial, and the trial court's failure to grant counsel a reasonable period of time in which to capitalize upon those various pretrial statements, it appears that the Rule 26.2(d) error in this case was prejudicial. "First, as formerly was evident in Rule 16, the Committee deliberately did not incorporate that provision of subdivision (e)(3) of the Jencks Act, which applies to statements of witnesses before a grand jury, and such statements are not meant to be obtainable simply because a grand jury witness testifies for the State. It was April's testimony that it was only after the victim stopped moving that the other abuse occurred. 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. 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. But this is not a routine case it is a capital case, one in which the defendant was ultimately sentenced to execution, based entirely on the testimony of 16-year-old April Ward, an accomplice who had given police a total of six contradictory statements, all of which had been systematically withheld from defense counsel despite legitimate efforts, both informal and formal, to obtain them prior to and at the time of trial.