Defense counsel repeatedly asked to approach the bench prior to the testimony of certain State's witnesses to present motions in limine objecting to the admission of matters that might potentially come out during the witnesses' testimony. The first was his aunt, Gladys Green, who told how his mother and father had divorced when the Defendant was three or four years old. In State v. Groseclose, 615 S.W.2d 142 (Tenn. 1981), and State v. Strouth, 620 S.W.2d 467 (Tenn. 1981), in which the victims were unconscious for part of the time, death penalties rendered under this aggravating circumstance were upheld. 2d 457 (1985) (citing United States v. Higgs, 713 F.2d 39 (3d Cir.1983)), that "no violation occurs as long as Brady material is disclosed to a defendant in time for its effective use at trial." Hence, under Tennessee law, as under federal law, a prosecutor's refusal to produce the statements prior to direct examination cannot be held to be prejudicial error, even though it is often extolled as "the better practice." 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. 373 U.S. at 84, 83 S. Ct. at 1195. Palermo, supra, at 355-6, 79 S. Ct. at 1226-7. Wharton on Criminal Procedure. The evidence was clearly favorable to the defendant as impeachment evidence and also material to the issue of guilt, given the fact that the witness's testimony was the "linchpin of the case." The Defendant first avers that the trial court abused its discretion in denying his motion for a continuance. What is not *551 included in the majority opinion is a recitation of the procedural background of the trial, putting in context the "Jencks motion" made by defense counsel at various points during the proceedings. This provision is similar to language found in Rule 12(i) of the Federal Rules of Criminal Procedure but the Tennessee Rules Commission elected to treat all witness statements in one rule. 2d 1245 (Ala. Cr.App. [3] In Brady, the defendant requested the out-of-court statements of his companion during the murder. Right now Gary is an Owner at Caurhon Gary. Over 20 years of Infrastructure and Application Systems Design, Implementation, Upgrades and Maintenance. For example, in Starusko, supra, the court found that the impeachment of a "key government witness" was material because "his credibility may well be determinative of guilt or innocence . 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 why he had tried to kill himself after one of the interrogation sessions with police, he said that "he was depressed and had a lot on his mind." The trial judge's actions were unnecessary but did not deprive Defendant of a fair trial or prejudice him in any way. Defendant was not precluded from developing his theory, although it was not done in the detailed, point by point manner his counsel preferred; and the court did not prohibit any testimony that was shown to be relevant. But this is not a routine case it is a capital case, one in which the defendant was ultimately sentenced to execution, based entirely on the testimony of 16-year-old April Ward, an accomplice who had given police a total of six contradictory statements, all of which had been systematically withheld from defense counsel despite legitimate efforts, both informal and formal, to obtain them prior to and at the time of trial. 757 F.2d at 1201. Defendant requested no further action and did not request the court to declare a mistrial. On their way to Ann Jones's house April and the Defendant drank alcohol and took drugs.
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