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Several witnesses saw what they described as dried blood on him. denied, 439 U.S. 873, 99 S. Ct. 207, 58 L. Ed. The family will celebrate Mr. Caughron's life 11:30 a.m. Wednesday, June 2, 2010, at Woodberry Forest School's Johnson Stadium with Joe Coleman officiating. Gary June's Instagram, Twitter & Facebook on IDCrawl 2d 641 (1980); Lockett v. Blackburn, 571 F.2d 309, 313 (5th Cir. 1973). The trial court laid the blame for this predicament on the defendant's attorney. The police department and the district attorney's office clearly understood April Ward's significance as a prosecution witness. When Robert Yoakum, Cruze's boyfriend, teased the Defendant about the blood, Caughron told him that "a bitch had hit him in the head with a beer bottle." It should be emphasized that this case does not involve the denial of Rule 26.2 statements. 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. Moreover, appellate judges are in a poor position to second-guess counsel on the question of whether a recess to permit full utilization of the statements in this case would have been efficacious. 804(b)(5). 40-2441, enacted in 1963, permitted pretrial discovery of a confession or statement against interest made by the accused. 40-2044, enacted in 1968, permitted pretrial discovery of documents, photographs, and tangible objects. In this case, the trial judge's misguided decision not to adjourn court before 5:00 p.m., regardless of the circumstances, amounts to an arbitrary and capricious abuse of discretion, resulting in the necessity of retrial. No. App. She said that he had been in special education classes, where he had done well. Gary is related to Gitta E Caughron and Marsha A Caughron. The trial court felt that the Defendant had failed to exercise due diligence in examining the door. Although the trial court told defense counsel that he could explore this situation "later at a proper time," counsel never did so. They walked to the victim's house from the parking lot of a nearby nursing home, where they had left the Oldsmobile. He then struck her brutally and repeatedly about her head until, according to April Ward, she no longer moved.