Prosun Replacement Parts, Collins Funeral Home Obituary, Verizon Order Status On Hold, Baron Chamblee Ahoskie, Nc, Lubbock Isd Superintendent Office, Articles G

App. App. In the absence of proof to the contrary, it is assumed that all of the jurors who rendered the verdict were impartial and qualified and that a mistrial was not warranted. He also asked April to watch Jones as she closed her shop and see where she put her money, and to find out if Jones was married and had a telephone or pets. Michael Caughron was born on 09/19/1963 and is 59 years old. ), cert. 1990). 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. We are of the opinion that this senseless, and brutal killing clearly warrants the imposition of the death penalty. When, in the summer of 1988, Tim McGaha had asked the Defendant if he had committed the murder, Caughron "just smiled." 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. *529 Charles W. Burson, Atty. 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." He was an avid hunter and enjoyed making walking sticks. Ogle, noting that it was 4:12 p.m., again asked for an overnight recess. After looking at a newspaper article mentioning the homicide, the Defendant told Haynes that he thought his girlfriend was "snitching" on him. 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. 2d 603 (1967). 801(c); State v. Coker, 746 S.W.2d 167, 173 (1987). We are in agreement with the conclusion of the trial judge that Ward's testimony, as it related to the victim's statements, was not hearsay inasmuch as it was not offered to prove the truth of the matter asserted. In this case the proof vividly shows that this murder involved both torture and depravity of mind. He was. As they went down the hall to Jones's bedroom, April could hear her calling, "Who is it? App. Bowman v. State, 598 S.W.2d 809, 812 (Tenn. Crim. He pointed out that he and his co-counsel had had to consult with their client and his family before leaving the courthouse at 9:15 p.m. to return to Ogle's office, which was located in Jefferson City, some 40 miles away in an adjoining county. 5249 HIGHWAY 67 WEST MOUNTAIN CITY, TN 37683. Phillips seemed to think that by testifying he would be risking a charge of perjury. 1973); United States v. Matlock, 491 F.2d 504 (6th Cir. We are of the opinion that defense counsel, and his defense team, were given a reasonable opportunity to examine and prepare to use the statements in cross-examining April Ward. Noting the conclusions of the Seventh, Tenth, Third and Eighth Circuits, that court held that "[t]he point in the trial when a disclosure is made is not in itself determinative . The Defendant insists that certain testimony of April Ward and her mother, Lettie Cruze, concerning statements made by the victim was inadmissible hearsay.