The courts already demand much of attorneys appointed to represent indigent defendants, especially those who (like Caughron) face imposition of the ultimate penalty. 2d 1103 (1957). The majority then correctly identifies the question of first impression we face in this case: Given the provision in Rule 26.2(d) permitting a "recess in the trial for the examination of such statement and for preparation of its use in the trial", was counsel in this case afforded a reasonable opportunity to examine April Ward's prior statements and prepare for her cross-examination? I am authorized to say that Chief Justice REID joins in this opinion. 2d 100 (1974). 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. 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. Author of the National Bestseller INCLUSIFY. Gary June's Instagram, Twitter & Facebook on IDCrawl [8] And, no bloody shot-glasses were found at the scene of the crime. Dr. Stefanie K. Johnson. 1971). Gen. and Reporter, Merrilyn Feirman, Asst. Defense counsel did not object to a corrected charge. 5249 HWY 67W MOUNTAIN CITY, TN 37683. On the allegations regarding the need to examine the bedroom door, the Defendant sought to show that the footprint on the door was larger than the Defendant's would have been. App. 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 police made little progress in the investigation of the Jones homicide during the year after the homicide. However, the Tennessee rule applies to all pretrial motions under Rule 12(b). 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. Another court recognized the potential for a due process violation when the state advised witnesses that they "couldn't or shouldn't" give statements to defense counsel. 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. 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." Gary J. Aguirre. 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." 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. Id. 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. Accord, United States v. Winner, 666 F.2d 447, 448-449 (10th Cir.1981); United States v. Knowles, 594 F.2d 753, 755 (9th Cir.1979); United States v. Aaron, 457 F.2d 865, 869 (2nd Cir.1972). The Fourth Circuit noted in United States v. Smith Grading & Paving, Inc., 760 F.2d 527, 532 (4th Cir. In September 1986, he had broken into the victim's home and at knifepoint had pushed Teresa to the bed and attempted to tie her hands with strips of sheet. 2d 1304 (1959): Thus, federal law permits the courts to overlook Jencks violations only in the narrowest of circumstances:[7]. Obituaries in Los Angeles County | Los Angeles Public Library at 41. 378. The Defendant, Gary June Caughron, appeals directly to this Court his conviction of first degree premeditated murder and the sentence of death imposed by the jury, and his convictions of first degree burglary, and assault with intent to commit rape. Citing State v. Pritchett, 621 S.W.2d 127, 139 (Tenn. 1981), in which the victim died instantaneously from the first gunshot fired, the Defendant argues that the record does not support a finding that the Defendant tortured the victim before her death. 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. To contact Judy, send them an email at judy.caughron@aol.com Falling somewhere along the continuum of cases illustrating prosecutorial interference with a defendant's right of access to witnesses are those cases in which a prosecutor has instructed a witness not to talk to defense counsel. Such a deprivation violates the right-to-counsel provision found in Article I, Section 9 of the Tennessee Constitution, as well as the Sixth Amendment of the federal constitution. ), cert. The due process implications of government interference with a defendant's right to interview potential witnesses may best be seen as a continuum, at one end of which is the active concealment of key witnesses. Based on this authority, "the serious nature of [the] case," and the witness's testimony that the prosecutor's letter influenced his decision not to talk to defense counsel, the court reversed the conviction and remanded the case for a new trial. To insist on honoring the due process rights of the accused is an obligation imposed on courts and the judicial system by the state and federal constitutions. 2d 43 (1979). 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. 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. There was no abuse of discretion here. 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." The trial court responded by pointing out that the defense team, consisting of attorneys Carl Ogle, Jr., Stephen Ward, and an investigator, had "had the statements overnight." 1986), a court ordered the witnesses to submit to depositions in order to cure the problem. Our Court in interpreting Rule 26.2 has held that even in a capital case, the State is not required to produce witness statements until the conclusion of the witness's testimony on direct examination. 1982). According to April, Jones cried and pleaded with them not to hurt her, but the two told her she was going to die. It did not provide for the production of statements by witnesses under any circumstances. She said that after the two of them undressed, Caughron rubbed the victim's blood on both their bodies as they engaged in sex on the floor beside the bed where Jones lay. 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. It is clear from the record that the trial court's decision to deny a recess was not due to any misunderstanding on his part about the crucial nature of April Ward's testimony. Create, edit, and maintain all scheduling . We find no reversible error. The court urged the defense counsel to move along by directing the examination to the evidence that was material and important for the jury to consider. It in no way minimizes the heinousness of the guilty party's conduct. During the course of their investigation, the police directed April Ward's mother, Lettie Cruze, not to permit April to talk with defense counsel. Finally, it must be emphasized that the majority's calculation that defense counsel had 22 hours in which to "study and reflect on the pretrial statements of April Ward" (and some 20 other witnesses) is purely illusory. Billy Strings 2023 Tour Dates. After drinking the blood, April said, she went to the bathroom to throw up, but did not. He was preceded in death by his parents Harmon and Alma Caughron, sisters Pauline,. April testified that Caughron entered the house by himself and then summoned her inside. You're all set! Federal case analysis on this point is compelling. [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. 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. Only if the suppression prevents material exculpatory evidence from effectively being used at trial is there a due process violation. 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). Grady B Caughron of Johnson City, Washington County, Tennessee was born on December 25, 1919, and died at age 87 years old on May 19, 2007. The Defendant specifically complains of the trial court's interruption of his cross-examination of Christy Jones Scott and of Officer Sam Owenby, both of which interruptions were apparently attempts to keep the examination moving along; and of the court's statements during the cross-examination of Dr. Cleland Blake that what the doctor had told the jury was "just what he's told them" and that questions about why the doctor took fingernail clippings were academic and the answer obvious to anyone who had watched the television show Quincy. When, in the summer of 1988, Tim McGaha had asked the Defendant if he had committed the murder, Caughron "just smiled." Prior to trial, the court granted the Defendant's request for a competency hearing as to Ward, then seventeen, because she was a juvenile. 801(c); State v. Coker, 746 S.W.2d 167, 173 (1987). 669 F.2d at 11. Christy Jones Scott testified that her mother's toothbrush, a pink Oral-B brush, was missing after the killing.
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