2d 1304 (1959): Thus, federal law permits the courts to overlook Jencks violations only in the narrowest of circumstances:[7]. According to the Advisory Commission Comments: "The language of Rule 26.2 is substantially identical to the language in Rule 26.2 of the Federal Rules of Criminal Procedure. Similar beating of a victim was held to support a finding of aggravating circumstance (i)(5) in State v. Barber, 753 S.W.2d 659, 668 (Tenn. 1988); State v. McNish, 727 S.W.2d 490, 494 (Tenn. 1987); and State v. Cone, 665 S.W.2d 87, 94-95 (Tenn. 1984). 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). At trial, he testified that the Defendant appeared nervous and had a small cut on his face. See, e.g., United States v. Polisi, 416 F.2d 573 (2d Cir.1969); United States v. Shaffer, 789 F.2d 682, 689 (9th Cir.1986). Likewise, in State v. Williams, 690 S.W.2d 517, 525 (Tenn. 1985), this Court held that "when the reliability of a witness may well *548 be determinative of guilt or innocence, the non-disclosure of evidence affecting his credibility may justify a new trial, regardless of the good faith or bad faith of the prosecutor." 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. In Nichols v. State, 581 So. The testimony involving drug use, "satanic" sketches and listening to rock music, while corroborating statements made by the accomplice, should not have been admitted but there is no harmful error under the facts of this record since April Ward's testimony had already presented these features of the Defendant's character. Rule 26.2(a) states: "After a witness has testified on direct examination, the trial court, on motion shall order the attorney to produce, for the examination and use of the moving party, any statement of the witness that is in their possession and that relates to the subject matter concerning which the witness has testified." There is therefore no merit to this part of the issue. The admission of expert testimony is largely in the discretion of the trial judge. 3500, known from the time of its passage in 1957 as the Jencks Act. 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. Under caselaw interpreting this statute, discovery of statements by witnesses other than the defendant was not permitted. [8] And, no bloody shot-glasses were found at the scene of the crime. Select this result to view Gary Richard Caughron's phone number, address, and more. United States v. Hinton, 631 F.2d 769, 771, 778-780 (D.C. Cir.1980). Author of the National Bestseller INCLUSIFY. 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. 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. 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. They have also lived in Decatur, IL. Oklahoma troopers said Henry L. Boren, 80, apparently fell. In 1940, in the year that Shelby Caughron was born, in July, Billboard published its first Music Popularity Chart. This is not a statutory aggravating circumstance although it is similar to the circumstance in T.C.A. Top recordings of the year were Tommy Dorsey's "I'll Never Smile Again" (vocal Frank Sinatra) - 12 weeks at the top, Bing Crosby's "Only Forever" - 9 weeks at the top, and Artie Shaw's "Frenesi" - 12 weeks at the top. The week before the murder, according to April, she and the Defendant began talking about going to the victim's house. Brooks v. State, 187 Tenn. 67, 213 S.W.2d 7, 10 (1948). United States v. Holmes, 722 F.2d 37, 40 (4th Cir.1983). Despite assertions that he had been informed that the State had failed and refused to disclose certain material, Defendant never requested the court to examine any specific document or evidence. denied, 419 U.S. 864, 95 S. Ct. 119, 42 L. Ed. This site is protected by reCAPTCHA and the Google. The witness to be impeached cannot, however, be one whose credibility does not affect defendant's guilt or innocence, a limitation that is clearly met in this case. denied, 439 U.S. 873, 99 S. Ct. 207, 58 L. Ed. We find no error with regard to the trial court's refusal to instruct the jurors that they should presume that the sentence they assess will actually be carried out that if a life sentence is imposed, a life sentence will be served and, likewise, that if the death penalty is assessed, the Defendant will be executed. Here, the statements were given to counsel the night before (7:15 p.m.) and cross-examination began at approximately 5 p.m., the next afternoon just short of twenty-two hours later. Furthermore, the court's actions did not reflect the trial court's views on the Defendant's innocence or its opinion of the merit of Defendant's proof. App. 2d 398 (1980). at 778. That testimony is summarized below. at 78. With nothing more to go on than these allegations, the trial court did not err in excluding the statements. He reminded the trial judge that he had not received the package of statements until after court adjourned the previous night. One night, two or three weeks before the murder, Ann Jones made the Defendant Caughron, who had been drinking, leave her shop because he was acting in a disorderly manner. Krilich v. United States, 502 F.2d 680 (7th Cir.1974). In the package were over 100 pages of typewritten and handwritten materials, comprising the statements of 20 different persons. The two of them left the shops with Yoakum and went to April's mother's house, where the Defendant bathed. App. The trial court did not abuse its discretion in requiring the Defendant to object when questions were actually asked. 1980); State v. Nelson, 603 S.W.2d 158, 168 (Tenn. Crim. The courts already demand much of attorneys appointed to represent indigent defendants, especially those who (like Caughron) face imposition of the ultimate penalty. Madison County JACKSON A Jackson man died yesterday morning in a single-vehicle accident in eastern Oklahoma, the Highway Patrol reported. As a result, defense counsel was not only prevented from gathering information that could have been developed from interviewing April Ward. During *540 cross-examination of April Ward, when defense counsel asked Ward why she had lied to law enforcement officers regarding whom she had told about the crime, a juror whispered loudly, "What's the difference?" Boulder, CO. Jeff Conte. No. The majority notes that the provisions of Rule 26.2 can be traced directly to Federal Rule of Criminal Procedure 26.2, which in turn was based on the federal "Jencks Act," 18 U.S.C. 2d 983 (1983). App. 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. [6] Whatever value there is in maintaining efficiency in the trial of criminal cases (and it is considerable under normal circumstances), efficiency must be assigned a low priority where procedural rights of an accused are at stake. See State v. Payne, 791 S.W.2d 10, 16 (Tenn. 1990); State v. James, 688 S.W.2d 463, 466 (Tenn. Crim. Knoxville, Tennessee. His aunt testified that, on the Friday night after he bought a green and white Oldsmobile, he came to his grandmother's house around 11 or 12 o'clock and went to bed. Furthermore, no prejudice has been shown. See also United States v. McCrary, 699 F.2d 1308 (11th Cir.1983). Thinkers 50. Blausen Medical is a leading provider of illustration, animation and simulation for Health Care and related industries, providing . In the majority's judgment, two hours would have been sufficient time to comply with the requirements of Rule 26.2. Both this case and Gregory are examples of courts perceiving the obvious hindrance to defense counsel's trial preparation when the state instructs witnesses not to talk. For this reason, it would be necessary to hold that they constitute "plain error" in order to avoid a finding of waiver on the defendant's part and grant relief on either ground. The court found it "grossly unfair" to permit this kind of prosecutorial misconduct, which had "unfairly hampered the defendants' investigation." 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.". 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). 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." 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. App. [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 asserts on appeal that the statements should have been admitted because of constitutional considerations and cites Chambers v. Mississippi, 410 U.S. 284, 93 S. Ct. 1038, 35 L. Ed. 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. Three witnesses testified that the Defendant was in the habit of spray painting his "junker" cars different colors. In lieu of flowers, the family is . We therefore affirm the convictions and the sentences. Answering this inquiry in the affirmative, the majority postulates that because the defense "team" was given a copy of April's six statements "for overnight study and reflection," defense counsel had 22 hours in which to "study and reflect" on those 64 pages. Public records show that the phone number (478) 923-6928 is linked to Gary S Caughron, Jennae M Drane. Both this Court and the United States Supreme Court have rejected this and similar arguments. These depictions are certainly not pleasant, but they are not shocking or gruesome.
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