Consequently, despite the finding that the defendant was entitled to a change of venue, he was not in fact granted a change of venue. Her 17 year old daughter, Stephanie, was also in the car and suffered serious injuries but recovered. Finally, we have examined the quality and strength of the defendant's mitigation proof in our analysis to determine the effect of the invalid aggravating circumstance on the sentence. Moreover, the prosecutor's mention of the defendant's previous parole in response to defense counsel's "prison is hell" argument certainly suggests that death would be the only appropriate sentence given the possibility of parole. Use Escape keyboard button or the Close button to close the carousel. 1974). Resend Activation Email, Please check the I'm not a robot checkbox, If you want to be a Photo Volunteer you must enter a ZIP Code or select your location on the map. 2d 944 (1976) (plurality opinion), and Lockett v. Ohio, 438 U.S. 586, 98 S. Ct. 2954, 57 L. Ed. There is 1 volunteer for this cemetery. Karen S. (Keck) Pulley Karen S. (Keck) Pulley (born 1949) Karen S Pulley 1949 Born c. 1949 Last Known Residence Texas Summary Karen S Pulley of Texas was born c. 1949. Your Scrapbook is currently empty. The average age of See Tenn. Code Ann. The trial court found that the first prong had been met but the other two were not established. He got a five year sentence in '84 and he served eighteen months. Subscribe. The defendant was convicted of attempted rape in 1984, served 18 months, was placed on parole, violated it and was returned to prison. Are you sure that you want to report this flower to administrators as offensive or abusive? Sorry! 609(a)(3). Smith v. State, 527 S.W.2d 737, 738 (Tenn. 1975); Graham v. State, 202 Tenn. 423, 304 S.W.2d 622 (1957). McCleskey v. Kemp, 481 U.S. 279, 299, 107 S. Ct. 1756, 1769, 95 L. Ed. 20-4-206 (1980) requires that the case be removed "to the nearest adjoining county free from the like exception.". Previously sponsored memorials or famous memorials will not have this option. See State v. Howell, 868 S.W.2d 238, 262 (Tenn. 1993) (Reid, C.J., concurring). However, T.C.A. 455, 654 P.2d 225,242 (1982) (Mosk, J., dissenting). Prior bad acts are admissible to rebut a defendant's claim of having led a peaceful, normal life. See What AncientFaces Does to discover more about the community. The court denied the defendant's request to recharge mitigating circumstances as well. It's believed that the accident was caused when Princess Grace, who was driving, had a mild stroke. He was seemingly both an expert psychological witness and a member of the defense team who helped to form strategy and evaluate witnesses. . Harold Wayne NICHOLS, Appellant. If, upon the application of the accused, the court finds that the accused cannot have a fair and impartial trial in the county where the charge is pending, T.C.A. The court admitted the evidence, not for impeachment purposes,[8] but to allow the state to rebut the defendant's argument that the 1988 and 1989 crimes were sudden deviations from his normally placid behavior. She was surrounded by family and friends whose love and support meant so much to her throughout her life and in her final hours. Use the links under See more to quickly search for other people with the same last name in the same cemetery, city, county, etc. Her parents had recently divorced prompting her mother to move East, leaving Karen behind to finish college. Supra at 733. See Chapman v. California, 386 U.S. 18, 87 S. Ct. 824, 17 L. Ed. Here, the trial court held such a hearing at the defendant's request to review the Rule 404(b) issue as it applied to his 1984 conviction. Concluding that the jury had a right to clarify its verdict, the trial court recharged the jury on the aggravating factors presented by the State and instructed them that they should "not take account of any other facts or circumstances" in deciding the penalty in this case. In 1972, she was 18 years old when on September 5th, the Palestinian terrorist group Black September, with the assistance of German neo-nazis, kidnapped and killed 11 Israeli athletes at the Olympic Games in Munich. The March was organized to address "the ills of black communities and call for unity and revitalization of African American communities". In the absence of objective criteria whereby the defendant's conduct and character can be adjudged dispassionately, I cannot say that the penalty of death is not disproportionate to the penalty imposed in similar cases in which the death penalty was rejected. Help paint a picture of Karen so that she is always remembered. There was a problem getting your location. Welcome to AncientFaces, a com "Thank you for helping me find my family & friends again so many years after I lost them. Nichols claims that a sentence based upon the jurors' "moral certainty" is a lower burden of proof than evidentiary certainty, and thus violative of the due process clauses of the state and federal constitutions. State v. Terry, 813 S.W.2d at 425 (because evidence of the invalid aggravating circumstance was introduced, and the defendant introduced strong mitigation proof and only one valid aggravator remained, this Court could not conclude that the error was *743 harmless beyond a reasonable doubt); see also State v. Bobo, 727 S.W.2d 945, 956 (Tenn.) cert. team mary burke. 2d 286 (1990). Tenn. Code Ann. 2d 155 (1987) (evidence of an invalid aggravator was introduced; however, because there was little evidence in mitigation, and two other valid aggravators were clearly established, the error was found harmless beyond a reasonable doubt); State v. Cone, 665 S.W.2d 87, 95 (Tenn.) cert. The defendant made no contemporaneous objection to this argument. In both cases, however, selection of an out-of-county jury was specifically authorized by statute. The defendant shortly afterward objected to this argument as implying that a life sentence is not a life sentence. [10] Debro and Adams are decisions under Tenn. Code Ann. After finding Pulley home alone in her upstairs bedroom, the defendant tore her undergarments from her and violently raped her. View Karen Lee (Ellis) Blaney's obituary, contribute to their memorial, see their funeral service details, and more. denied, 469 U.S. 920, 105 S. Ct. 302, 83 L. Ed. Pulley died the next day. Id. She was the daughter of Earl Floyd Reardon and Cora Mae Lytle Reardon, both deceased. What is Karen's ethnicity and where did her parents, grandparents & great-grandparents come from? It does not show that the rape and murder of Karen Pulley and the previous rape convictions were aberrations in an otherwise productive life. 39-13-204(c) permits, at a sentencing hearing, evidence "as to any matter that the court deems relevant to the punishment," including (but not limited to) "the nature and circumstances of the crime." We, therefore, affirm the sentence of death. at 347. Also, the trial court did poll the foreperson as to her finding on the weighing of mitigating factors. Get free summaries of new Tennessee Supreme Court opinions delivered to your inbox! Taken in context, the prosecution's argument did not lead the jury to believe that the responsibility for determining the appropriateness of defendant's sentence lay elsewhere. Try again later. It goes without saying that the implementation of this aggravating circumstance may be subject to a certain degree of prosecutorial discretion; but implementation of the criminal laws against murder "necessarily requires discretionary judgments." State v. Hartman, 703 S.W.2d 106, 118 (Tenn. 1985), cert. 1989); cf. Which memorial do you think is a duplicate of Karen Pulley (193274861)? Thus, the confession was properly admitted under Tenn. Code Ann. During rebuttal, the prosecutor remarked, "[The defendant's lawyer] says, `Prison is hell. Please complete the captcha to let us know you are a real person. When 2 or more people share their unique perspectives, State v. Middlebrooks, 840 S.W.2d at 347; State v. Cook, 816 S.W.2d 322, 326 (Tenn. 1991). It was a year long celebration, with the biggest events taking place on July 4th. While the present argument could be interpreted as hinting at the idea that a life sentence carries with it the possibility that defendant will rape and murder again, i.e., might be released into the free world, it does not clearly mention parole possibilities for defendant in the present proceeding. We share yesterday, to build meaningful connections today, and preserve for tomorrow. There was an error deleting this problem. In addition, as the present case illustrates, the effect and qualitative persuasiveness of the remaining aggravating circumstance on the sentence increases where there is proof of more than one prior violent felony conviction. [7] Without clarification, defendant also alleges violation of the Sixth Amendment, and Art. You are only allowed to leave one flower per day for any given memorial. See State v. Terry, 813 S.W.2d 420 (Tenn. 1991) (quoting Woodson v. North Carolina, 428 U.S. 280, 305, 96 S. Ct. 2978, 2991, 49 L. Ed. that occurred during Karen's lifetime. Yeah, '84 they sent him there on a five year sentence and he served 18 months and got out and raped again. See State v. Bates, 804 S.W.2d 868, 881 (Tenn. 1991). During the prosecutor's initial closing statement, he rhetorically asked: "What do you do with him? 2d 235 (1983). Tenn. Code Ann. Did Karen finish grade school, get a GED, go to high school, get a college degree or masters? msnbc live stream mag. 2d 555 (1993), that when a defendant is convicted of felony murder, the State's use as an aggravating circumstance at the sentencing hearing of the fact that the murder occurred during the commission of a felony, violates the state and federal constitutions because the aggravator is simply a duplication of the crime itself, and therefore does not sufficiently narrow the class of death-eligible defendants. In this capital case, the defendant, Harold Wayne Nichols, pled guilty to first-degree felony murder and was sentenced by a jury to death. I would find the unauthorized departure from the plain provisions of the statute to be reversible error. The trial court then determined that the jury originally had not listed these two circumstances because it had assumed it need not copy statutory aggravating circumstances on the form. The issues have no merit. The first statement occurred during initial closing argument. He committed five aggravated rapes within 90 days of his rape and murder of Karen Pulley and in three instances was armed with weapons. The trial judge was, at the same time, commendably concerned that, if the trial were held in a distant county, the defendant's family and others would be prevented from attending. 2d 357 (1984) (jury heard evidence on an aggravator held invalid by the Court, but the error was harmless beyond a reasonable doubt because at least three other aggravators were clearly established); State v. Campbell, 664 S.W.2d 281, 284 (Tenn.) cert. 21(a). [2] These rapes had occurred in December 1988 and January 1989, within three months after Pulley's rape and murder. Id. Photos, memories, family stories & discoveries are unique to you, and only you can control. 2d 1145, 1153-1154 (Fla. 1981) (an adjudication of guilt is not necessary for "conviction" under Florida's similar aggravating circumstance). We further find that the record does not support the defendant's assertion that the prosecutor's decision concerning the order of prosecution of the multiple charges facing the defendant violated either equal protection or due process. Shirley Dinsdale won for the Most Outstanding Television Personality and Pantomime Quiz Time earned an Emmy for the Most Popular Television Program. The defendant contends that the prosecutor's argument that "the people of the State of Tennessee, speaking through their legislators, have asked that the death penalty be a punishment" diminished the jury's responsibility in making the sentencing decision in this case and violated Caldwell v. Mississippi, 472 U.S. 320, 105 S. Ct. 2633, 86 L. Ed. Following the court's denial of the defendant's motion to suppress his videotaped confessions, the defendant entered pleas of guilty to the charges of first-degree felony murder, aggravated rape, and first-degree burglary.[1]. See, e.g., State v. West, 767 S.W.2d 387, 398-399 (Tenn. 1989) (Caldwell error harmless beyond a reasonable doubt); State v. Taylor, 771 S.W.2d 387, 396 (Tenn. 1989); Teague v. State, 772 S.W.2d 915, 926 (Tenn. Crim. In the case before the Court, no evidence was admitted in support of the invalid circumstance, but the record does not, in my view, support the conclusion that the State has shown beyond a reasonable doubt, the jury was not influenced by the aggravating circumstance. 21 years shorter than Thus, the record supports the court's finding that the confession was voluntary and, therefore, admissible. The jury retired again and returned fifteen minutes later with an amended verdict form on which it had crossed out the erroneous material and listed the two statutory aggravating circumstances. Defendant testified that when he committed these violent criminal acts, a "strange energized feeling" that he could not resist would come over him and result in actions that he could not stop. 2d 799 (1963) (right to counsel); Tumey v. State of Ohio, 273 U.S. 510, 47 *742 S. Ct. 437, 71 L. Ed. Once a capital sentencing jury finds that a defendant falls within the legislatively-defined category of persons eligible for the death penalty, the jury is free to consider a myriad of factors to determine whether death is the punishment appropriate to the offense and the individual defendant. Link to family and friends whose lives she impacted. Three months after the rape and murder, a Chattanooga police detective questioned the defendant about Pulley's murder while he was in the custody of the East Ridge police department on unrelated charges. Add Karen's family friends, and her friends from childhood through adulthood. And you heard the psychologist say that if he's out he'll do it again." 39-13-204(i)(2) & (7). Friends can be as close as family. 2d 384 (1988), and McKoy v. North Carolina, 494 U.S. 433, 110 S. Ct. 1227, 108 L. Ed. Branch of service: Us Marine Corps The trial court granted the defendant's application for a change of venue upon the necessary finding that the defendant could not have a fair and impartial trial in Hamilton County. The trial court granted the motion and moved the trial to Sumner County, some 125 miles away, but only for the limited purpose of selecting an unbiased jury. 1975); Jenkins v. State, 509 S.W.2d 240, 248 (Tenn. Crim. Select language . You have chosen this person to be their own family member. The officers disputed Nichols's testimony that he requested an attorney and that they coerced him into a statement, and the judge credited the officers' testimony. Are you sure that you want to delete this memorial? Did Karen serve in the military or did a war or conflict interfere with her life? Atty. . His death was very unexpected and came after nine days of battling in the hospital. 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