Expert evidence shows that the defendant suffered from substantial mental and emotional problems. He particularly claims that such discretion results in arbitrary and capricious imposition of the death penalty contrary to the principles of Furman v. Georgia, 408 U.S. 238, 92 S. Ct. 2726, 33 L. Ed. VI; Tenn. Const. U.S., Find a Grave Index, 1600s-Current. Visitation will be held on Thursday, March 2nd 2023 from 3:00 PM to 4:00 PM at the Discovery Church (2201 Startown Rd, Newton, NC 28658). The State argues that by trying the defendant in the county in which the crime was committed, the trial court did not abuse its discretion, even though a jury was selected from a different county. See Chadwick v. State, 201 Tenn. 57, 60, 296 S.W.2d 857, 859 (1956). Karen Pulley is organizing this fundraiser. It does not show that the rape and murder of Karen Pulley and the previous rape convictions were aberrations in an otherwise productive life. Tenn. Code Ann. Review. This statement was a reply to the defendant's argument that the only reason the death penalty was being sought was because "the prosecution wants Harold Wayne Nichols to die" and was meant to point out that the people of Tennessee through their elected representatives, not the prosecution, had determined that death was a possible punishment in such cases. State v. Teague, 680 S.W.2d 785, 790 (Tenn. 1984) (conviction occurring after first capital sentencing hearing but before sentencing hearing on remand could be used to establish circumstance (i)(2) at resentencing hearing). [6] See State v. Vilvarajah, 735 S.W.2d 837, 839 (Tenn. Crim. 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. BY ANCESTRY.COM. The State offered evidence in rebuttal to show that a few years earlier, he had been convicted and sentenced to the penitentiary for an attempted rape. We would encourage the legislature to address this issue. The arresting officers read Miranda warnings to Nichols, and Nichols signed a written waiver of those rights. Obituary Charles Earle Pulley, 85, resident of Emerald Road, widower of Dorothy Ann Cothran Pulley, passed away May 18, 2018 at his son's home on Highland Forest Drive. A description of the crime and its circumstances was thus clearly admissible. Thus, the court's instruction under Tenn. Code Ann. It was decided against a background of decisions by this Court and the United States Supreme Court regarding harmless error in capital sentencing. 39-13-204(i)(2) & (7). Jill was born on April 17, 1987, in Amherst, N.Y., to David C. Pulley. The jury verdict itself reported that the jury found the aggravating circumstances outweighed the mitigating circumstances beyond a reasonable doubt. Although the defendant originally moved for a change of venue, he now objects to what he characterizes as "two changes of venue" and contends that the trial court's procedure violated Article I, Section 9 of the Tennessee Constitution. See State v. Smith, 857 S.W.2d 1, 18 (Tenn. 1993); State v. Bates, 804 S.W.2d 868, 882-83 (Tenn. 1991) cert. Our comparative proportionality review reveals that the sentence in this case is neither excessive nor disproportionate to the penalty imposed in similar cases, considering both the nature of the crime and character of the defendant. I do not agree with the majority's recommendation that the procedure followed in this case be authorized by statute. In Lockett, the United States Supreme Court disapproved a death penalty statute that mandated death unless at least one of three mitigating factors specified by statute was found to exist. Share this memorial using social media sites or email. at 23, 87 S. Ct. at 827 (citing e.g., Gideon v. Wainwright, 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. Id. 2d 236 (1984) (jury heard evidence of non-violent prior felony convictions, but the Court held such error was harmless beyond a reasonable doubt because there was no mitigating evidence and two other valid aggravators); compare State v. Williams, 690 S.W.2d 517, 533 (Tenn. 1985) (probability of prejudice resulting from the consideration of the improperly admitted evidence required reversal); State v. Johnson, 661 S.W.2d 854, 862 (Tenn. 1983) (consideration of the improperly admitted evidence requires reversal because of the probability of prejudice); State v. Adkins, 653 S.W.2d 708, 716 (Tenn. 1983) (the probability of prejudice from the wrongfully allowed evidence is so great reversal is required). Yeah, '84 they sent him there on a five year sentence and he served 18 months and got out and raped again. Cf. It was at this point that the defendant confessed to the crime. Subscribe to Obituaries (888) 688-8475. State v. Bell, 690 S.W.2d 879, 883 (Tenn. Crim. In this capital case, the defendant, Harold Wayne Nichols, pled guilty to first-degree felony murder and was sentenced by a jury to death. Did Karen serve in the military or did a war or conflict interfere with her life? Immediately after mentioning the defendant's previous release on parole, the prosecutor quoted Dr. Engum as saying that the defendant might "do it again" if released from prison. In this particular context, an error is harmless beyond a reasonable doubt if an appellate court can conclude that the sentence would have been the same had the sentencing authority given no weight to the invalid aggravating circumstance. 2d 284 (1988) (quoting Chapman, 386 U.S. at 24, 87 S.Ct. The other evidence shows that he lived a normal and productive life, except for the criminal episodes. This contention is without merit. English State v. Harris, 839 S.W.2d 54, 84-85 (Tenn. 1992), cert. Defendant Nichols next asserts that the jury instructions given by the trial court were deficient or erroneous in several respects. Tenn. R.Crim.P. At the time of trial, the defendant had been convicted on five charges of aggravated rape involving four other Chattanooga women. Photos, memories, family stories & discoveries are unique to you, and only you can control. State v. Middlebrooks, 840 S.W.2d at 347; State v. Cook, 816 S.W.2d 322, 326 (Tenn. 1991). While not every error occurring in a capital sentencing hearing is of constitutional dimension, the line between constitutional and nonconstitutional error is often blurred due to the Eighth Amendment requirement for a heightened need for reliability. His eldest daughter, age 25, immediately ascended the throne as Elizabeth II and her coronation was on June 2 1953. Dr. Engum testified that he was hired to evaluate Nichols's psychological status. English. Finally, the videotaped confession shows the interrogating officer reading Nichols his Miranda warnings and Nichols again waiving those rights. The court instructed the jury that it must find proof "beyond a reasonable doubt" and be convinced to a "moral certainty" of the existence of the aggravating circumstances and of the fact that they outweighed the mitigating circumstances. Elimination of the invalid felony-murder aggravating circumstances does not "remove any evidence from the jury's total consideration." It was a year long celebration, with the biggest events taking place on July 4th. You're all set! 2d 346 (1972). The Army allegations were found to be true. The court was only ascertaining that this was the jurors' verdict and its omission of the phrase "beyond a reasonable doubt" in this question during the polling does not invalidate an otherwise valid verdict. 740, 741-42 (1987) (hereinafter "Scoville, Deadly Mistakes"). Welcome to AncientFaces, a com "Thank you for helping me find my family & friends again so many years after I lost them. And in an opinion filed Wednesday in Hamilton County Criminal Court, Ash rejected the agreement. The invalidation of the aggravating circumstance in Middlebrooks was clearly constitutionally based, and therefore any Middlebrooks errors are subject to constitutional harmless error analysis. Please complete the captcha to let us know you are a real person. cemeteries found in Dillwyn, Buckingham County, Virginia, USA will be saved to your photo volunteer list. She died on December 13, 2003 at 49 years old. The defendant shortly afterward objected to this argument as implying that a life sentence is not a life sentence. The evidence supporting the remaining valid aggravating circumstance is undisputed and overwhelming. at 24, 87 S. Ct. at 828. It wasn't supposed to be this way Nichols had been scheduled for execution Aug. 4 for the 1988 murder of 21-year-old Karen Pulley. The sponsor of a memorial may add an additional. The defendant also took the stand and testified about his life and the violent crimes he had committed. See Chapman, 386 U.S. at 24, 87 S. Ct. at 828. Supreme Court of Tennessee, at Knoxville. The context in which the instruction was given clearly conveyed the jury's responsibility to decide the verdict based on the facts and the law. The defendant argues that none of the five prior convictions for aggravated rape could be used to prove aggravating circumstance (i)(2) because they were not "final" under Tenn.R.Crim.P. Although we do not suggest that the trial court should require a formal report in every case, we do conclude, under the facts of this case, that Rule 16 authorized discovery of the available reports to the extent that they related to the testimony to be given at trial.[6]. 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. The defendant, however, had pled guilty to Indictment 175433, aggravated rape [anal rape] of the same victim on the same day, October 24, 1989. The defendant was convicted of attempted rape in 1984, served 18 months, was placed on parole, violated it and was returned to prison. (Emphasis added.) She was born on September 1, 1924, the daughter of Booker and Emma (Jones) McGee in Sunflower City, Mississippi. denied, 476 U.S. 1153, 106 S. Ct. 2261, 90 L. Ed. 1987) (limiting discovery to results or reports that relate to the prospective witness's testimony). jennifer fernandez carpentersville picture. However, in Chapman the Court acknowledged that there are some constitutional rights so basic to a fair trial that their infraction can never be treated as harmless error. Make sure that the file is a photo. Because a final report was not prepared until the second day of the hearing, and then only when it became apparent that the interview reports were admissible, the memoranda of the interviews *730 provided the most complete written psychological evaluation of Wayne Nichols. The circumstances of the offense in this case are egregious and could qualify the defendant for the ultimate sanction if only the criminal act is considered. and you'll be alerted when others do the same. The State introduced evidence concerning the nature and circumstance of the crime, which included the defendant's videotaped confession, testimony from the medical examiner about the nature and extent of the victim's injuries and the cause of her death, and testimony from the detective who had questioned the defendant on the videotaped interview. Our Tennessee Constitution obviously reflects similar concerns and values. Karen Pulley was buried at Marion National Cemetery Did Karen finish grade school, get a GED, go to high school, get a college degree or masters? The trial court granted the change of venue to Sumner County, but only for the limited purpose of jury selection. Chadwick, 296 S.W.2d at 859. The evidence regarding the character of the defendant is not conclusive. 59, 63-65 (1944); Wright, Federal Practice and Procedure: Criminal 2d 301 (1982). Once the Sumner County jury had been selected and sworn, the trial judge, over the defendant's objection, transferred the case and transported the jury back to Hamilton County for trial. As such, we find that the interview reports are "results or reports of mental examinations," not mere statements, and that these reports formed the basis for Dr. Engum's testimony. Frank loved life and loved those who lived it with him. Her parents had recently divorced prompting her mother to move East, leaving Karen behind to finish college. 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. This section is to introduce Karen Pulley with highlights of her life and how she is remembered. 609(a)(3). During rebuttal, the prosecutor remarked, "[The defendant's lawyer] says, `Prison is hell. becomes full Serving All Faiths & Cultures; Funeral Services; Nichols also challenges the trial court for failing to instruct the jury that there is a presumption of "no aggravating circumstances" in sentencing, similar to the presumption of innocence at the guilt phase of the trial. Next, the defendant argues that the court's instructions may have led the jury to believe that unanimity regarding the mitigating circumstances was required, in violation of Mills v. Maryland, 486 U.S. 367, 108 S. Ct. 1860, 100 L. Ed. 2d 799 (1963) (right to counsel); Tumey v. State of Ohio, 273 U.S. 510, 47 *742 S. Ct. 437, 71 L. Ed. [10] Debro and Adams are decisions under Tenn. Code Ann. The home belonged to Karen's family and she had grown up there. a 2d 705 (1967), the U.S. Supreme Court approved the application of the harmless error test to federal constitutional errors in state criminal trials, but held that, in order to deem an error harmless, the reviewing court must be persuaded beyond a reasonable doubt, that the error complained of did not contribute to the verdict obtained. Your Scrapbook is currently empty. In State v. Howell, 868 S.W.2d 238 (Tenn. 1993), use of felony murder as an aggravating circumstance was found to be invalid pursuant to the Middlebrooks decision. App. She was the daughter of Earl Floyd Reardon and Cora Mae Lytle Reardon, both deceased. In 1995, on October 16th, the Million Man March took place on the National Mall in Washington DC. App. The defendant raises the same constitutional issues that the Court rejected in State v. Black, 815 S.W.2d 166 (Tenn. 1991) (statute creates a mandatory death penalty and death penalty is cruel and unusual). The court ascertained that the corrected verdict was the verdict the jury had reached the first time they returned the form. llah Marie was born on July 27, 1935 in Weatherby, MO to Graham & Ona (Kerns) Rice. The U.S. Senate later censured McCarthy. I, 8, 9, and 16 of the Tennessee Constitution). Tenn. Code Ann. Ruffner-Wakelin Bradshaw Chapel Funeral Home and Crematory Phone: (928) 772-2296 8480 E. Valley Road, Prescott Valley, AZ In State v. Teague, 680 S.W.2d 785, 788 (Tenn. 1984), cert. State v. Howell, 868 S.W.2d at 261. Your account has been locked for 30 minutes due to too many failed sign in attempts. The United States Supreme Court held in Clemons v. Mississippi, 494 U.S. 738, 752, 110 S. Ct. 1441, 1450, 108 L. Ed. Id. The trial judge ascertained that, prior to the return of the initial verdict, each juror had found the existence beyond a reasonable doubt of the two statutory aggravating circumstances upon which the State sought the death penalty. Unlock the mysteries of your family history and explore the rich tapestry of your past with AncientFaces. The trial court did not instruct the statutory definition of rape in connection with its charge on this aggravating circumstance. In 1982, when she was 28 years old, on September 14th, Princess Grace of Monaco (American actress Grace Kelly), 52, died of injuries when her car plunged off a mountain road. This browser does not support getting your location. This relationship is not possible based on lifespan dates. Loving husband of Florence Lang; beloved son of the late Henry and Maude Pulley; devoted father of Karen (Carl) Pollard, Rick Pulley, and the late Jerry Pulley; dear step-father of two; cherished grandfather of 12; treasured great-grandfather of 6; loving great-great-grandfather of one; dear father-in-law of Sharon Pulley; loving brother of 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]. Final preparations are underway for the execution of Harold Wayne Nichols, who was convicted in Hamilton County Criminal Court of the rape and murder of Karen Pulley in . Oops, we were unable to send the email. Accordingly, based on the nature of the crime and the character of the defendant, we conclude that the sentence in this case is neither excessive nor disproportionate to the penalty imposed in similar cases. His death was very unexpected and came after nine days of battling in the hospital. The court noted that Nichols had clearly indicated that the murder and rape in this case were the result of a sudden feeling that overcame him and that defense counsel had attempted to show that the crime was inconsistent with the defendant's otherwise passive nature. Unlock the mysteries of your family history and explore the rich tapestry of your past with AncientFaces. State v. Howell, 868 S.W.2d at 260-61. The court did, however, instruct the jury that it must determine the existence of any aggravating circumstances beyond a reasonable doubt. She is also survived by numerous extended family members and friends. 2d 721 (1986). Whereas the instruction at issue in Cage required the jury to have an extremely high degree of doubt before acquitting a defendant, our instruction does not require "grave uncertainty" to support acquittal. Id. Find Karen Pulley obituaries and memorials at Legacy.com. Share highlights of Karen's life. The evidence showed that, until his arrest in January 1989, the defendant roamed the city at night and, when "energized," relentlessly searched for vulnerable female victims. The email does not appear to be a valid email address. Photos, memories, family stories & discoveries are unique to you, and only you can control. Please try again later. Translation on Find a Grave is an ongoing project. denied, ___ U.S. ___, 112 S. Ct. 131, 116 L. Ed. 39-13-204(i)(2) & (7). Tenn.R.Crim.P. When the jury reports an incorrect or imperfect verdict, the trial court has both the power and the duty to redirect the jury's attention to the law and return them to the jury room with directions to reconsider their verdict. Thanks for using Find a Grave, if you have any feedback we would love to hear from you. The jury found that the aggravating circumstances outweighed the mitigating circumstances beyond a reasonable doubt and sentenced the defendant to death. Technically, the material defendant complains of here was surplusage under the rule. 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. Judge Lawson dedicated her legal career to protecting children. She is preceded in death by her parents; brother, G. Stanley Rice; sister-in-law, Norabell Pulley-Stafford & Betty Wiedmaier-Pulley; nephew, Kevin Stafford; several aunts, uncles, & cousins. See also Odeneal v. State, 128 Tenn. 60, 157 S.W. 2d 326 (1992), the Supreme Court concluded that an appellate court cannot fulfill its obligations of meaningful review by simply reciting the formula for harmless error. Biographies are our place to remember and discover more about the people important to us. It is with great sadness that we announce the death of Karen A. Gronka (Naperville, Illinois), who passed away on March 1, 2023, at the age of 71, leaving to mourn family and friends. The defendant contends that allowing a prosecutor the discretion "to orchestrate a series of trials" in this fashion constitutes cruel and unusual punishment and violates due process and equal protection. Daughter, age 25, immediately ascended the throne as Elizabeth II and her coronation was on 2... Dedicated her legal career to protecting children reflects similar concerns and values the Million Man March took place on National... Returned the form you, and Nichols again waiving those rights be by. Signed a written waiver of those rights cemeteries found in Dillwyn, Buckingham County, but only for the episodes. Appear to be a valid email address relate to the crime and its was. That it must determine the existence of any aggravating circumstances outweighed the mitigating circumstances beyond a reasonable.! 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N.Y., to David C. Pulley defendant to death how she is also survived by extended! City, Mississippi 840 S.W.2d at 347 ; State v. Harris, 839 S.W.2d 54, 84-85 Tenn.... And Emma ( Jones ) McGee in Sunflower City, Mississippi USA will be to! Family history and explore the rich tapestry of your past with AncientFaces he served months. Harmless error in capital sentencing numerous extended family members and friends he lived a normal and productive.... Filed Wednesday in Hamilton County Criminal court, Ash rejected the agreement divorced prompting her mother to move,... Similar concerns and values her life and the previous rape convictions were aberrations in an opinion Wednesday! The rich tapestry of your family history and explore the rich tapestry of your with. Eldest daughter, age 25, immediately ascended the throne as Elizabeth and. To remember and discover more about the people important to us hear from.. The sponsor of a memorial may add an additional 1988 ) ( quoting Chapman, 386 U.S. 24! Show that the defendant is not conclusive raped again a Grave, if you have any feedback we encourage! 2003 at 49 years old corrected verdict was the daughter of Booker Emma!, 201 Tenn. 57, 60, 296 S.W.2d 857, 859 ( 1956 ) she was born on 1...