gary june caughron

Gary Caughron - Cloud Platform Administrator - SAS | LinkedIn 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. At the hearing, the trial judge asked Ward some general questions, some questions about how she was doing in school and how her counseling was proceeding, and some questions about her awareness of her testimony. Defendant filed a pretrial motion for the court to conduct an in camera inspection of *541 the State's entire files, as well as the files of any agencies or individuals that had investigated the case for the State, and to determine if the State had failed to hand over anything that might be vital to the preparation of the defense. There was a gag tied across her mouth, and strips of the blue terry cloth had been wrapped tightly around her neck. Records show that Sharon has one phone number, (919) 242-4415 (Carolina Tel and Tel Co , LLC) The time needed for a reasonable examination is necessarily related to the length and complexity of the statements. Subsection (d) states that the court "may recess proceedings in the trial for the examination of such statement and for preparation for its use in the trial." Michael Caughron currently lives in Port Lavaca, TX; in the past Michael has also lived in Charleston SC. Defendant requested no further action and did not request the court to declare a mistrial. His father, whom Pareau described as "overtly psychotic," was an alcoholic and had physically abused his mother until their divorce. 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. At least one state court has applied harmless error analysis to the violation of production rule. 4 Samuel Frank Downey vs. State of Tennessee (03C01-9801-CR-00027) Hamilton Criminal Douglas Meyer 218154 Joseph M. Tipton Thus, only a part of a witness' statement may be relevant to the hearing. Although, as previously noted, there have been few Tennessee cases interpreting Rule 26.2, there is a rich mine of federal case law involving the production of what is now universally referred to as "Jencks material." 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. 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. Later that day, Caughron spray-painted his car silver, as he told April, to prevent anyone who might have seen it the night before from identifying it. To condone the trial court's action in the name of avoiding delay in the trial, or from some misplaced sympathy for the accomplice, is to make a mockery of the procedural guarantees expressed in our modern rules of procedure and in case law interpreting the reach of due process in criminal trials. 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 testimony concerning the pool stick, the table cloth material, and slapping women on the buttocks was relevant to connect Defendant to this crime and corroborate the accomplice's testimony. See also Tenn. R.Evid. Then, on June 22, 1988, they took the first of six statements they would obtain from April Ward. If this were a routine case, and if the majority's description of the problem posed for defense counsel in this case were more complete, one might not quibble with the decision to assign the matter to that legal limbo known as "trial court discretion." App. The courts already demand much of attorneys appointed to represent indigent defendants, especially those who (like Caughron) face imposition of the ultimate penalty. 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. The facts of Holmes bear an almost uncanny resemblance to the facts in this case: The Holmes court held that it was "clear that defendants were not afforded a reasonable opportunity to examine and digest the mass of material furnished them on the Sunday before the Monday trial began." Without any realistic gauge with which to measure the extent of prejudice to the defendant as a result of the due process violations apparent in this record, I conclude that the only appropriate relief is to grant the defendant a new trial, at which the defense will have the benefit of the discovery and disclosure that it should have had prior to and during the first trial. State v. Daniel, 663 S.W.2d 809 (Tenn. Crim. 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. Costs are adjudged against the Defendant. at 41. Defense counsel repeatedly asked to approach the bench prior to the testimony of certain State's witnesses to present motions in limine objecting to the admission of matters that might potentially come out during the witnesses' testimony. Edward was born on May 13 1911, in Obion County, Tn.. Alleen was born on November 17 1912, in Ridgely, Tn.. Dr. Blake stated that these represented a "hard slap injury to the buttock" inflicted while the victim was still alive. [7] The federal courts have held a Jencks violation harmless only where the statement and the witness's testimony are consistent, United States v. Tashjian, 660 F.2d 829 (1st Cir.1981); where the statement is of marginal value, because the witness is not an integral part of the government's case, United States v. Weidman, 572 F.2d 1199 (7th Cir.1978); where the statement contains only cumulative material, i.e., it is the same as the information in grand jury transcripts that have already been disclosed, United States v. Anthony, 565 F.2d 533 (8th Cir.1977); where lost notes would have supported the prosecution's case, United States v. Miranda, 526 F.2d 1319 (2nd Cir.1975), cert. The Defendant argues that the evidence about his purported drug use, sexual practices, attachment to rock music, and drawing pictures of demons is evidence of other crimes, wrongs or acts, prohibited by T.R.E. 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." 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. Madison County JACKSON A Jackson man died yesterday morning in a single-vehicle accident in eastern Oklahoma, the Highway Patrol reported. 801(c); State v. Coker, 746 S.W.2d 167, 173 (1987). Palermo, supra, at 355-6, 79 S. Ct. at 1226-7. This was about 40% of all the recorded Caughron's in USA. 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. The door had been made available to the defense attorney for examination on January 26, three days before his motion. The second best result is Gary Ray Caughron age 40s in Springfield, MO. He also contends that this evidence was irrelevant. Gary Caughron - Address & Phone Number | Whitepages Id. Over the course of these interviews, the Defendant became more and more nervous.

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