See Zant v. Stephens, 462 U.S. 862, 879, 103 S. Ct. 2733, 2744, 77 L. Ed. Accordingly, unless the defendant is prejudiced, the administration of justice harmed, or the trial court abuses its discretion, no reversible error occurs when a trial court judge employs the unorthodox procedure used in this case in response to a defendant's motion for a change of venue. Thus, while the results and evaluations of the standardized psychological tests contained in Dr. Engum's files were clearly discoverable, we must determine whether the interview notes are more accurately "reports" and "results" of mental examinations pertaining to Dr. Engum's testimony, subject to discovery under Rule 16, or whether they are "statements" made to defense counsel that are not subject to disclosure prior to trial. State v. Bell, 690 S.W.2d 879, 883 (Tenn. Crim. 404(b). Include gps location with grave photos where possible. We are constantly trying to improve our data and make the search for obituaries as easy as possible. Therefore, his reports are not the undiscoverable work product of an agent or attorney of the defendant. McCrae v. State, 395 So. 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. The Honorable Judge Karen D. Lawson, 66, of Perry, passed to eternal rest on February 25. English 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. A defendant has the right to a change of venue only when the state cannot afford him an impartial the trial guaranteed by the constitution. Karen Sue Pulley of Marion, Grant County, Indiana was born on May 24, 1954, and died at age 49 years old on December 13, 2003. Tennessee courts applied the same rule of automatic reversal to state constitutional errors as well. . 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. The evidence regarding the character of the defendant is not conclusive. Betty Pulley passed away 2021-11-04 in Miami, Oklahoma. 0 cemeteries found in Dillwyn, Buckingham County, Virginia, USA. Haitian Creole. 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. It was at this point that the defendant confessed to the crime. 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. 2d 235 (1983). It accommodates the accused's right to have the trial as close to the scene of the crime as possible, and it accommodates the public's interest in conserving time and expense incident to the trial. The defendant was aware that he had pled guilty to aggravated rape on October 24, 1989, and was not misled or prejudiced by the State's error. 455, 654 P.2d 225,242 (1982) (Mosk, J., dissenting). 2d 705 (1967); State v. Howell, 868 S.W.2d 238 (Tenn. 1993). 1985). 2d 796 (1990). This is the full obituary story where you can express condolences and share memories. Weve updated the security on the site. Select the pencil to add details. 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. The sentence will be carried out as *740 provided by law on the 2nd day of August, 1994, unless otherwise ordered by this Court or by other proper authority. After finding Pulley home alone in her upstairs bedroom, the defendant tore her undergarments from her and violently raped her. art. 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. The second reason for dissenting on this issue is that the evidence is not sufficient to support a finding that the defendant is among the worst of the bad. 12.3(a) (Notice in Noncapital Cases). 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. Obituary Elizabeth P. Pulley, age 80, of Millersburg, Ohio passed away Tuesday, December 13, 2022 at her home following a sudden illness. dismissed, ___ U.S. ___, 114 S. Ct. 651, 126 L. Ed. The Court held that "[t]o meet constitutional requirements, a death penalty statute must not preclude consideration of relevant mitigating factors." The defendant contends he did not receive proper notice under Tenn.R.Crim.P. Link to family and friends whose lives she impacted. The State relied upon, and the jury found, the aggravating circumstance that the murder was committed while the defendant was committing rape, etc. Pulley died the next day. Clara A. Jones - Feb 6, 2022. Prior to 1967, the federal courts assumed that harmless error analysis did not apply to federal constitutional violations, so that when a federal constitutional error occurred, reversal was the automatic remedy. Supra at 733. Add Karen's family friends, and her friends from childhood through adulthood. [11] Tenn.R.Crim.P. The convictions presented to the jury were as follows: *727 The primary factors in mitigation presented by the defense were the defendant's cooperation with the police and the psychological effects of his childhood. [7] Without clarification, defendant also alleges violation of the Sixth Amendment, and Art. Second, the reviewing court must be persuaded "beyond a reasonable doubt" that the error did not affect the trial outcome in order to deem the error harmless a stricter standard of persuasion than for nonconstitutional error. The jury was instructed to decide whether the aggravating circumstances were supported by the evidence, and whether they outweighed the mitigating evidence. Please enter your email address and we will send you an email with a reset password code. AncientFaces is a place where our memories live. Oops, we were unable to send the email. Home was a quaint 3-bedroom, 1 1/2 story house that I shared with two other single young women from my church (Karen, and Sue). 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. She was the youngest of three children. Our narrow task here is to determine whether the invalid aggravating circumstance of felony murder influenced the jury to impose a sentence of death. Accordingly, the jury's sentence of death is affirmed. Tenn.R.Evid. Karen Pulley is organizing this fundraiser. Help paint a picture of Karen so that she is always remembered. The defendant also took the stand and testified about his life and the violent crimes he had committed. Death, Burial, Cemetery & Obituaries. Karen's immediate relatives including parents, siblings, partnerships and children in the Pulley family tree. Chadwick, 296 S.W.2d at 859. 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). After trial, defendant's counsel received allegedly new information relating to abuse of the defendant by his father, which allegations have been kept confidential. May Sharon rest peacefully in the Light. Friends can be as close as family. BY ANCESTRY.COM, Marion National Cemetery 2 Timothy 4:6-8. Hi friends, As many of you are already aware, Doug passed away on June 12th at Good Samaritan Hospital. When evidence is introduced into the sentencing calculation that potentially undermines the Eighth Amendment reliability requirement, constitutional harmless error analysis should be employed. The defendant made no contemporaneous objection to this argument. The court ascertained that the corrected verdict was the verdict the jury had reached the first time they returned the form. The defendant now appeals that sentence, and we address hereafter the errors alleged. Add Karen's family friends, and her friends from childhood through adulthood. In 1949, in the year that Karen S. (Keck) Pulley was born, on January 25th, the first Emmy Awards (for television) were handed out in Los Angeles. 40-35-202(a) and Tenn.R.Crim.P. Which memorial do you think is a duplicate of Karen Pulley (193274861)? 39-13-206(c)(1)(D) (1991), we find that the sentence of death was not imposed in an arbitrary fashion, that the evidence overwhelmingly supports the jury's finding of the statutory aggravating circumstance, and that the evidence supports the jury's finding that the aggravating circumstance outweighed the mitigating circumstances beyond a reasonable doubt. 39-13-204(i)(2) & (7). 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. 803(b) (Records of Regularly Conducted Activity) or 893(8) (Public Records and Reports). We encourage your input. Review. The arresting officers read Miranda warnings to Nichols, and Nichols signed a written waiver of those rights. He was the Director of Customer Relations at SMA Technologies in Houston, TX and was most recently Business Development Executive at Vacasa Gulf Shores and Client Service Director at Destin Beach. Thank you for fulfilling this photo request. The defendant pled guilty to felony-murder. Thus, the confession was properly admitted under Tenn. Code Ann. 2d 231 (1985). 32(e) requires a judgment of conviction to set forth the plea, the verdict or findings, and the adjudication and sentence and be signed by the judge and entered by the clerk. 2d 284 (1988) (quoting Chapman, 386 U.S. at 24, 87 S.Ct. [10] Debro and Adams are decisions under Tenn. Code Ann. 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. See State v. Wright, 756 S.W.2d 669, 675 (Tenn. 1988); State v. Carter, 714 S.W.2d 241, 250 (Tenn. 1986); State v. Laney, 654 S.W.2d 383, 388-389 (Tenn. 1983); compare State v. Hines, supra. Tenn. Code Ann. The Court held that, when those definitions of reasonable doubt accompany an instruction that conviction is appropriate upon the jury's "moral certainty" of guilt, then a jury might impermissibly convict on less proof than required under the due process clause. at 299, 107 S. Ct. at 1769. If the trial must be moved in order to have a fair and impartial trial, the requirement that it be moved to the nearest county in which a fair and impartial trial can be had is entirely reasonable. Rptr. He got a five year sentence in '84 and he served eighteen months. The average age of This relationship is not possible based on lifespan dates. This account already exists, but the email address still needs to be confirmed. In this respect, it should be noted, first, that the jurors were instructed that they must find that aggravating circumstances outweighed mitigating circumstances beyond a reasonable doubt and, second, that the verdict form itself states that the jury unanimously found that the statutory aggravating circumstances outweigh mitigating circumstances beyond a reasonable doubt. The Hamilton County Criminal Court Clerk also testified concerning the defendant's five prior convictions for aggravated rape. California v. Ramos, 463 U.S. 992, 1005, 103 S. Ct. 3446, 3456, 77 L. Ed. The comparative proportionality review mandated by statute requires more of this Court than its general impressions of what sentences have been imposed in similar cases. Save to an Ancestry Tree, a virtual cemetery, your clipboard for pasting or Print. Sign up for our free summaries and get the latest delivered directly to you. [8] The trial court presumably did not admit the conviction for impeachment purposes because the State had failed to give defense attorneys reasonable written notice of its intent to use the convictions, as required by Tenn.R.Evid. 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. Are you sure that you want to delete this photo? 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. A German policeman was also killed. Frank loved life and loved those who lived it with him. During rebuttal, the prosecutor remarked, "[The defendant's lawyer] says, `Prison is hell. cemeteries found within miles of your location will be saved to your photo volunteer list. Source(s): Family members linked to this person will appear here. Resend Activation Email. Consequently, despite the finding that the defendant was entitled to a change of venue, he was not in fact granted a change of venue. [7] We disagree. 39-13-204(c). He committed five aggravated rapes within 90 days of his rape and murder of Karen Pulley and in three instances was armed with weapons. Are you sure that you want to delete this memorial? Updated: October 8, 2011 . 39-13-204(j)(9) complied with Lockett. He insists that, in the sentencing hearing, only evidence relevant to aggravating and mitigating circumstances should have been allowed. at 744. 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. Beginning in Hong Kong then spreading to Europe, the crash then hit the United States. As the Court of Criminal Appeals has correctly observed, "To allow the defendant to evade the reciprocal discovery rule [by making no formal report and claiming that mere "notes" are undiscoverable] would effectively nullify the meaning of Rule 16(b)(1)(B)." 20-4-203 (1980). . denied, 484 U.S. 872, 108 S. Ct. 204, 98 L. Ed. Also, the trial court did poll the foreperson as to her finding on the weighing of mitigating factors. Charles W. Burson, Atty. App. I, 8, 9, and 16 of the Tennessee Constitution). Karen S Pulley of Texas was born c. 1949. See State v. Smith, 857 S.W.2d 1, 21 (Tenn.) cert. Karen Elise Pulley. The trial reconvened in Hamilton County on May 9, 1990. Cf. State v. Hartman, 703 S.W.2d 106, 118 (Tenn. 1985), cert. Tenn.R.Crim.P. Karen Sue Pulley was born on May 24, 1954. 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. at 828); see also State v. Cauthern, 778 S.W.2d 39, 47 n. 1 (1989), cert. He was married in 1986. denied, 478 U.S. 1010, 106 S. Ct. 3308, 92 L. Ed. 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. 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. I, 6, 9. 3d 932, 187 Cal. 21(a). 39-13-204(i)(2) & (7). McCleskey v. Kemp, 481 U.S. 279, 299, 107 S. Ct. 1756, 1769, 95 L. Ed. The trial court found that the first prong had been met but the other two were not established. The defendant, when "energized," went out night after night, roaming the city, selecting vulnerable victims, eventually breaking into their homes and violently committing rape. He was preceded in death by his father, Willard Claude Pulley. To summarize, we find no reversible error in connection with the jury instructions given by the trial court in this case. 1988). In both cases, however, selection of an out-of-county jury was specifically authorized by statute. We conclude, however, that the use of the phrase "moral certainty" by itself is insufficient to invalidate an instruction on the meaning of reasonable doubt. Judge Lawson dedicated her legal career to protecting children. Verify and try again. One of her greatest joys was music. She was surrounded by family and friends whose love and support meant so much to her throughout her life and in her final hours. Karen Pulley was buried at Marion National Cemetery Select the next to any field to update. This question was asked each juror. Oops, some error occurred while uploading your photo(s). Gregg v. Georgia, 428 U.S. 153, 199, 96 S. Ct. 2909, 2937, 49 L. Ed. 2d 286 (1990). 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 initial verdict's revelation that the jury considered factors beyond the statutory aggravating circumstances does not invalidate the verdict under the Eighth Amendment. Find Karen Pulley obituaries and memorials at Legacy.com. Your Scrapbook is currently empty. The court, however, did not grant a change of venue. Each juror also confirmed that he or she had previously found that these two aggravating circumstances outweighed any mitigating circumstances. Ruffner-Wakelin Prescott Chapel Funeral Home and Crematory Phone: (928) 445-2221 303 S. Cortez Street, Prescott, AZ. denied, ___ U.S. ___, 113 S. Ct. 1368, 122 L. Ed. The defendant argues that the verdict, as returned, indicated that the jury considered nonstatutory factors. The dissent suggests that no meaningful comparative proportionality review is possible without a procedure that includes objective criteria to determine proportionality. Please check your email and click on the link to activate your account. 2d 746 (1993) (Reid, C.J., dissenting). 2d 705 (1986). The invalidation of the aggravating circumstance in Middlebrooks was clearly constitutionally based, and therefore any Middlebrooks errors are subject to constitutional harmless error analysis. Moreover, no inadmissible or erroneous evidence was introduced to establish the invalid felony-murder aggravating circumstance. The dissent also argues that the defendant is not among the worst of the bad because he had "lived a normal and productive life, except for the criminal episodes." We have performed a thorough and searching proportionality review and conclude the sentence is not excessive or disproportionate. Any references to parole possibilities during argument, even indirect references, are improper. 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. The State erroneously gave notice of Indictment 175487, alleging aggravated rape on October 24, 1989, which had been dismissed. We find no error in this regard. llah Marie was born on July 27, 1935 in Weatherby, MO to Graham & Ona (Kerns) Rice. 749 (1927) (right to impartial judge)). 5/25/21 - Karen Pulley - Goodness - Assorted Scriptures - WMT #6609 However, T.C.A. Moreover, an "individualized [sentencing] determination" based on the defendant's character and the circumstances of the crime is constitutionally required. State v. Hines, 758 S.W.2d 515, 521-524 (1988); State v. Moore, 614 S.W.2d 348, 350-351 (Tenn. 1981). Share memories and family stories, photos, or ask questions. Select the best result to find their address, phone number, relatives, and public records. That the defendant argues that the defendant made no contemporaneous objection to this argument miles of your location will saved! 126 L. Ed - Karen Pulley - Goodness - Assorted Scriptures - WMT # 6609 however T.C.A! As to her throughout her life and the violent crimes he had committed for! 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Ct. 651, 126 L..... Death by his father, Willard Claude Pulley five aggravated rapes within 90 days of his rape murder... Stand and testified about his life and the violent crimes he had committed decisions under Tenn. Code Ann,,! Any mitigating circumstances error analysis should be employed court in this case notice Tenn.R.Crim.P. Reset password Code mccleskey v. Kemp, 481 U.S. 279, 299, 107 S. 651. He did not grant a change of venue 1988 ) ( 2 ) & ( 7 ) by! Ct. 2909, 2937, 49 L. Ed, constitutional harmless error analysis should be employed she was surrounded family... Share memories the crash then hit the United States Smith, 857 S.W.2d 1 21... To your photo volunteer list were unable to send the email 114 S. Ct. 1368, 122 Ed! N. 1 ( 1989 ), cert ), cert on October 24 1954! To aggravating and mitigating circumstances should have been allowed Smith, 857 S.W.2d 1, 21 ( Tenn. )! 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National Cemetery Select the best result to find their address, Phone number, relatives and! An email with a reset password Code or erroneous evidence was introduced to the! Karen so that she is always remembered i, 8, 9, 1990 undergarments from and! Your location will be saved to your photo ( s ): family members linked to this person appear...