The court stated: Id. The majority opinion contains a brief history of Tennessee Rule of Criminal Procedure 26.2 and its genesis in federal law, and a passing reference to State v. Taylor, 771 S.W.2d 387 (Tenn. 1989), the only reported decision of this Court directly interpreting Rule 26.2. There is no merit to Defendant's assertion that the trial court's actions drew undue attention to this part of the charge. denied, 396 U.S. 865, 90 S. Ct. 143, 24 L. Ed. We agree with those circuits holding that a defendant must show that the failure to earlier disclose prejudiced him because it came so late that the information disclosed could not be effectively used at trial." State v. Caughron :: 1993 :: Tennessee Supreme Court - Justia Law PDF Supreme Court of Tennessee State List for Permission to Appeal Style See generally United States v. Starusko, 729 F.2d 256 (3d Cir.1984). Although the trial court told defense counsel that he could explore this situation "later at a proper time," counsel never did so. It is not clearly established in the record that the State violated Rule 16(a)(1)(A); but, if the State did violate the Rule, the Defendant has not shown any actual prejudice caused by failure to comply with the discovery order which would require exclusion of this evidence. See, e.g., Bryant v. State, 539 S.W.2d 816, 819 (Tenn. Crim. A list of the contradictions in the six statements and the development of a strategy for their effective use on cross-examination would, of course, take even longer. Because there were questions about the juror's objectivity and the Defendant was at "enormous risk," the court removed the juror. 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." Tom Bentley, who worked on the Defendant's car sometime after the killing, testified that he had used pieces of blue terry cloth towel from the trunk of the Defendant's car as grease rags. 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. In my judgment, the violation of subsection (d) in this case is so clear that the only remaining question concerns the relief that should be granted in light of this error. Although this information would not affect the conviction, the jury's knowledge of the defendant's level of participation could have affected his punishment. 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. Supreme Court Denies Appeal in Sevier County Death Penalty Case 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? Knoxville, Tennessee. He was 79. Tennessee had the highest population of Caughron families in 1840. She testified that the Defendant kicked in the bedroom door, which was locked. 669 F.2d at 11. He was. 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. With nothing more to go on than these allegations, the trial court did not err in excluding the statements. Furthermore, there was no reversible error, if any, in failing to sustain the Defendant's objections since prejudice is not clearly shown. 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." See separate dissenting opinion. In that 13-hour interval, he was called upon to confer with his client, to spend the patter part of two hours driving to and from his out-of-county office, to review the day's events with his co-counsel, to prepare his opening statement for the next morning, and to tend to such personal matters as eating, sleeping, and maintaining personal hygiene. Because she knew that her mother would have disapproved of her relationship with the Defendant if she had known his true age, April had told her mother that the Defendant was 18. D. Paine, Tennessee Law of Evidence, 103.3 (2d ed. When the trial judge refused to order a recess, as requested pursuant to Rule 26.2(d) or even more reasonably, to adjourn court for the day a mere half-hour earlier than scheduled he did so without justification. 73 (D.Colo. 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. In State v. Tanner, 175 W. Va. 264, 332 S.E.2d 277, 279 (1985), the Court held: "The question of whether the error was harmless or prejudicial hinges upon whether there was a substantial discrepancy between the contents of the prior statement or report and the witness's testimony during trial.". See State v. West, 767 S.W.2d 387 (Tenn. 1989); State v. O'Guinn, 709 S.W.2d 561 (Tenn. 1986); State v. Alley, 776 S.W.2d 506 (Tenn. 1989). The record reflects that the state relied on it in arguing aggravating circumstances during the penalty phase of the proceedings. Jerry Springer longtime syndicated talk-show host and former Cincinnati mayor died Thursday at his home in the suburbs of Chicago. 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. memorial page for Mary Ann Caughron (14 Jul 1939-21 Aug 2016), Find a Grave Memorial ID 175889745, citing Memorial Park Cemetery, Memphis, Shelby County . 148, 458 S.W.2d 627 (1970). The evidence was relevant because of Ward's testimony about drinking the victim's blood from a shot glass and Cruze's testimony about the Defendant's pink toothbrush. Brown was a patrolman with the Sevier County Sheriff's Department who had investigated the Defendant when he received a call on July 13, 1987, about Defendant's car being in a ditch. April testified that she and the Defendant tried to wash the blood off their bodies in the river behind a store in Pigeon *532 Forge. Ogle had been a boyfriend of Teresa Goad, one of the victim's daughters. Gary Lee Caughron, 68 - Hector, AR - Reputation & Contact Details 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. Casey Caughron - Manager, IT Operations - WaterOne | LinkedIn In the majority's judgment, two hours would have been sufficient time to comply with the requirements of Rule 26.2. The most serious episode of interjection occurred when the trial judge literally took over the questioning of the witness. Michael Gary Caughron, 59 - Port Lavaca, TX - MyLife.com The burden they assume is difficult, and when acting in good faith, they should be accommodated by the courts in their efforts to discharge their professional obligation to their clients. When asked to decide whether suppressed evidence is material, the courts have generally held that "the materiality of the withheld evidence may depend on the closeness of the case." This is one of the most brutal and sadistic killings this Court has reviewed.
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