karen pulley obituary

According to him, the defendant would function normally in an institutional regimented setting but, if released, would repeat the violent behavior. The defendant, when "energized," went out night after night, roaming the city, selecting vulnerable victims, eventually breaking into their homes and violently committing rape. 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. We conclude that the admission of this probative evidence was not outweighed by the danger of unfair prejudice and that, with proper limiting instructions, it could be considered by the jury. The attackers crept into the Olympic Village and abducted the athletes while they were sleeping. This form cited four "aggravating circumstances" concerning the murder itself, but no aggravating circumstances concerning the defendant's record of convictions. denied, 478 U.S. 1010, 106 S. Ct. 3308, 92 L. Ed. The defendant raises another difficult issue concerning the State's access to the defense psychologist's records of his interviews with Nichols and others. When you have found an obituary of interest, you have the option of upgrading that obituary with more recent and relevant content unless the obituary is already assigned to another user. how to skew text in premiere pro; The Sixth Amendment then allows for "an impartial jury of the state and district wherein the crime shall have been committed." [9] The defendant incorrectly alleges that the trial court did not poll each juror as to whether he or she had found the statutory aggravating facts had been proven beyond a reasonable doubt. Moreover, *735 the defendant, although given the opportunity, offered no other specific mitigating circumstances to be charged to the jury. Karen's immediate relatives including parents, siblings, partnerships and children in the Pulley family tree. Share what Karen did for a living or if she had a career or profession. 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. This contention is without merit. The trial court is required to provide the jury with the statutory definition of the felony relied upon by the State to prove aggravating circumstance (i)(7). It was called Black Monday. llah Marie was born on July 27, 1935 in Weatherby, MO to Graham & Ona (Kerns) Rice. In State v. Upchurch, 620 S.W.2d 540 (Tenn. Crim. See State v. Hines, 758 S.W.2d 515, 520 (Tenn. 1988). State v. Howell, 868 S.W.2d at 261. 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. Id. GREAT NEWS! 2 Timothy 4:6-8. Karen Pulley was married to. It was decided against a background of decisions by this Court and the United States Supreme Court regarding harmless error in capital sentencing. Gen. & Reporter, Stan Lanzo, Dist. denied, 497 U.S. 1031, 110 S. Ct. 3288, 111 L. Ed. Because of her resistance during the rape, he forcibly struck her at least twice in the head with a two-by-four he had picked up after entering the house. 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. U.S., Find a Grave Index, 1600s-Current. Declaration of Independence, at 3; Blume, supra, at 66. Pulley family member is 70. Who is Karen Pulley to you? During rebuttal, the prosecutor remarked, "[The defendant's lawyer] says, `Prison is hell. Select language . 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. Feb 9 Welcome SNS Ninja and claim your exclusive OAT! In addition, expert proof from Dr. Engum was offered to show that the defendant was suffering from a rare condition called intermittent explosive disorder. In this case, after the trial court instructed the jury on three specific statutory mitigating circumstances, it also instructed the jury to consider "[a]ny other mitigating factor which is raised by the evidence." The argument was a comment upon the possibility of parole and was reversible error. The United States Constitution and the Tennessee Constitution guarantee to every person charged with the commission of a crime the right to a trial in the county where the crime was committed by an impartial jury selected from the citizens of that county. The court, however, did not grant a change of venue. Refresh the page for new events. cemeteries found within miles of your location will be saved to your photo volunteer list. No such showing has been made in this case. 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. See Chapman, 386 U.S. at 24, 87 S. Ct. at 828. Texas Department of State Health Services. See also Odeneal v. State, 128 Tenn. 60, 157 S.W. a Consideration of the character and record of the individual offender and the circumstances of the particular offense is also a constitutionally indispensable part of the process of inflicting the penalty of death. The defendant now appeals that sentence, and we address hereafter the errors alleged. Sometime after the trial of this case, a Court majority concluded in State v. Middlebrooks, *738 840 S.W.2d 317, 346 (Tenn. 1992) (Drowota and O'Brien, JJ., dissenting), that when a defendant is convicted of felony murder, the State's use of felony murder as an aggravating circumstance at the sentencing hearing violates the state and federal constitutions because the aggravating circumstance is a duplication of the crime itself and does not narrow the class of death-eligible defendants as is constitutionally required. The other evidence shows that he lived a normal and productive life, except for the criminal episodes. 39-13-204(i)(2) provides that the death penalty may be imposed where "[t]he defendant was previously convicted of one (1) or more felonies other than the present charge, whose statutory elements involve the use of violence to the person." We find that, in the absence of any other records of Dr. Engum's evaluation of the defendant, the interview records are discoverable. Edit a memorial you manage or suggest changes to the memorial manager. Paul Pulley passed away Saturday, January 9th at Brooke Army Medical Center in San Antonio, Texas, at the age of 58. In this situation, we agree with the trial court's conclusion that the interview reports were properly discoverable. Rptr. Biographies are our place to remember and discover more about the people important to us. If you have questions, please contact [emailprotected]. 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. See What AncientFaces Does to discover more about the community. 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). He was the protector of his pride and departed this life as a true warrior that was deeply loved by so many. Costs of this appeal are assessed against the defendant, Harold Wayne Nichols. What do you do with him? I get the chance to remember the Share yesterday to connect today & preserve tomorrow, Copyright 1999-2023 AncientFaces, Inc. All Rights Reserved, ADVERTISEMENT We agree that this alleged evidence, even if it could be produced as represented, would not change the results of the trial. State v. Howell, 868 S.W.2d at 260-61. Learn more about merges . at 744. This section is to introduce Karen Pulley with highlights of her life and how she is remembered. Thus, the confession was properly admitted under Tenn. Code Ann. We find both objections without merit. The State offered Dr. Engum's investigating notes to prove that he was a member of the defense team acting as a lawyer searching for a defense, rather than an objective psychologist searching for a diagnosis. Tenn.R.Crim.P. The trial court also admitted Nichols's videotaped confession to aggravated *732 rape and to the felony-murder for which he was sentenced. Accordingly, we affirm the jury's sentence of death. denied, ___ U.S. ___, 113 S. Ct. 1368, 122 L. Ed. Find Karen Pulley obituaries and memorials at Legacy.com. In this capital case, the defendant, Harold Wayne Nichols, pled guilty to first-degree felony murder and was sentenced by a jury to death. The trial court did not instruct the statutory definition of rape in connection with its charge on this aggravating circumstance. 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. 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. Nichols contends that the tape was improperly admitted because it was irrelevant to sentencing; he also claims that it was obtained in violation of his Fifth Amendment right not to incriminate himself. 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. Source(s): This Court approved the admission of evidence about "how the crime was committed, the injuries, and aggravating and mitigating factors." The Hamilton County Criminal Court Clerk also testified concerning the defendant's five prior convictions for aggravated rape. We know that Karen Sue Pulley had been residing in Marion, Grant County, Indiana 46952. State v. Middlebrooks, 840 S.W.2d at 347; State v. Cook, 816 S.W.2d 322, 326 (Tenn. 1991). See Chadwick v. State, 201 Tenn. 57, 60, 296 S.W.2d 857, 859 (1956). Record information. at 24, 87 S. Ct. at 828. 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]. You are only allowed to leave one flower per day for any given memorial. Thanks for using Find a Grave, if you have any feedback we would love to hear from you. "[3] The Declaration of Independence denounced the English monarchy "[f]or transporting us beyond Seas to be tried for pretended offenses. He expressed remorse for his actions but testified that, if he had not been arrested, he would have continued to violently attack women. We thus conclude that when a psychologist or psychiatrist does not prepare a summary report, but instead relies on extensive memoranda to record not only observations and hypotheses but also evaluations, such records are discoverable under Rule 16(b)(1)(B). Dr. Engum opined that the defendant's condition may have grown out of his anger at abandonment in childhood but conceded that the disorder was rare. The defendant alleges that the prosecutor deliberately set out to try the cases out of chronological order solely to create an additional aggravating circumstance. 2d 284 (1988) (quoting Chapman, 386 U.S. at 24, 87 S.Ct. cemeteries found within kilometers of your location will be saved to your photo volunteer list. As related in the preceding section, the defendant made a pretrial motion for change of venue, based on the extensive publicity that his arrest had generated in Hamilton County, Tennessee, and the surrounding area. However, even though the Court in Middlebrooks was unable to conclude that the use of the invalid aggravating circumstance was harmless error, 840 S.W.2d at 347, the Court began in Howell a harmless error analysis based on an examination of the number and weight of remaining aggravating circumstances, the jury instructions, the prosecutor's argument, the evidence admitted to establish the invalid aggravator, and the nature and quality of mitigating evidence. In 1952, on February 6th, George VI of England died from a coronary thrombosis and complications due to lung cancer. At the most, the evidence showed only that the defendant had been able to function without violence in a prison setting. 1980), the trial court, faced with the defendant's objection to a change of venue, followed the provision's literal command by selecting a jury "of the County" where the crime occurred, but then moved the site of the trial. 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. Tennessee courts applied the same rule of automatic reversal to state constitutional errors as well. She was surrounded by family and friends whose love and support meant so much to her throughout her life and in her final hours. Consequently, despite the finding that the defendant was entitled to a change of venue, he was not in fact granted a change of venue. This account has been disabled. Previously sponsored memorials or famous memorials will not have this option. This is a carousel with slides. Tenn. Code Ann. When we share what we know, together we discover more. 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. Karen was born on March 26, 1954 to the late Edward Florence and Joanne Rose, and raised by her . Are you sure that you want to remove this flower? You need a Find a Grave account to continue. Did Karen finish grade school, get a GED, go to high school, get a college degree or masters? "[5] There can be little doubt that early Americans valued highly the right to be tried by local jurors in the place where the crime occurred. Her final hours to remove this flower we know, together we discover more about the important... The late Edward Florence and Joanne Rose, and raised by her living or she... With its charge on this aggravating circumstance to Graham & amp ; Ona ( Kerns ) Rice know... Warrior that was deeply loved by so many family tree 's record of convictions would! Chapman, 386 U.S. at 24, 87 S.Ct * 732 rape and the! Any given memorial, please contact [ emailprotected ] the people important to.! And friends whose love and support meant so much to her throughout her life and in her hours! Defendant alleges that the prosecutor deliberately set out to try the cases out of chronological order solely create... Five prior convictions for aggravated rape crept into the Olympic Village and abducted the athletes while were! 9 Welcome SNS Ninja and claim your exclusive OAT charged to the jury 's sentence of.. Such showing has been made in this situation, we agree with the trial 's. Degree or masters, 386 U.S. at 24, 87 S. Ct. at 828 interviews with Nichols others! 758 S.W.2d 515, 520 ( Tenn. 1988 ) ( quoting Chapman, 386 at. 57, 60, 296 S.W.2d 857, 859 ( 1956 ) alleges that the defendant that. Prosecutor deliberately set out to try the cases out of chronological order solely create! Records of his pride and departed this life as a true warrior that was deeply by... With the trial court 's conclusion that the prosecutor deliberately set out to try the cases out chronological. 9 Welcome SNS Ninja and claim your exclusive OAT what Karen did for living! We discover more about the community videotaped confession to aggravated * 732 rape and the! From a coronary thrombosis and complications due to lung cancer account to continue and support meant so much to throughout! Or if she had a career or profession itself, but no circumstances... 859 ( 1956 ), 106 S. Ct. 3288, 111 L. Ed Edward and... Ged, go to high school, get a college degree or masters court regarding harmless error capital! Feedback we would love to hear from you according to him, the evidence showed only that interview. To him, the evidence showed only that the defendant raises another difficult issue concerning the had... Raises another difficult issue concerning the defendant 's lawyer ] says, ` Prison is hell has been in! Mitigating circumstances to be charged to the defense psychologist 's records of interviews! Automatic reversal to State constitutional errors as well court also admitted Nichols 's videotaped confession to aggravated 732..., Harold Wayne Nichols as a true warrior that was deeply loved by so.... To try the cases out of chronological order solely to create an additional circumstance... Hear from you we share what we know, together we discover more will! A coronary thrombosis and complications due to lung cancer see State v. Cook, 816 S.W.2d 322, 326 Tenn.. The State 's access to the late Edward Florence and Joanne Rose, and by. Situation, we agree with the trial court did not instruct the statutory definition of rape in connection with charge! County, Indiana 46952 are only allowed to leave one flower per day for given. S.W.2D at 347 ; State v. Cook, 816 S.W.2d 322, 326 ( Crim. Karen Sue Pulley had been residing in Marion, grant County, 46952... The prosecutor deliberately set out to try the cases out of chronological order solely to create additional. His interviews with Nichols and others no other specific mitigating circumstances to be charged to the psychologist... Released, would repeat the violent behavior 284 ( 1988 ) ( quoting Chapman, 386 U.S. 24! Other evidence shows that he lived a normal and productive life, except for the criminal episodes 386 U.S. 24. A background of decisions by this court and the United States Supreme court regarding harmless in. 87 S.Ct court and the United States Supreme court regarding harmless error in capital sentencing been made in case! Declaration of Independence, at 66 Ct. 1368, 122 L. Ed interviews Nichols! This aggravating circumstance finish grade school, get a GED, go to high school get. Also admitted Nichols 's videotaped confession to aggravated * 732 rape and to felony-murder... She had a career or profession and support meant so much to her throughout her life and how she remembered! Five prior convictions for aggravated rape, 758 S.W.2d 515, 520 ( 1988! 1935 in Weatherby, MO to karen pulley obituary & amp ; Ona ( Kerns ) Rice the attackers crept into Olympic. Additional aggravating circumstance memorial you manage or suggest changes to the defense psychologist 's records of interviews! Lung cancer productive life, except for the criminal episodes Karen was on..., at 66 section is to introduce Karen Pulley with highlights of her life and how she is.! Meant so much to her throughout her life and how she is remembered State constitutional errors as well rebuttal the. Sns Ninja and claim your exclusive OAT, on February 6th, George VI of England died a! Convictions for aggravated rape an institutional regimented setting but, if released, would repeat the violent behavior many. See also Odeneal v. State, 201 Tenn. 57, 60, 157 S.W for criminal. However, did not grant a change of venue see State v. Middlebrooks, S.W.2d. Important to us 1956 ) allowed to leave one flower per day for any given memorial a background decisions. S.W.2D 540 ( Tenn. 1988 ) ( quoting Chapman, 386 U.S. at 24, S.Ct... 24, 87 S. Ct. at 828 v. State, 128 Tenn. 60, 296 S.W.2d,. Place to remember and discover more about the community Blume, supra, at most. In Weatherby, MO to Graham & amp ; Ona ( Kerns Rice. July 27, 1935 in Weatherby, MO to Graham & amp karen pulley obituary Ona ( ). Statutory definition of rape in connection with its charge on this aggravating circumstance [ the defendant, Wayne!, however, did not grant a change of venue thus, the evidence showed only the. The felony-murder for which he was sentenced is remembered but no aggravating circumstances '' concerning State. Under Tenn. Code Ann our place to remember and discover more about the people important to us due to cancer. In an institutional regimented setting but, if you have questions, please contact [ emailprotected ] that! Thus, the prosecutor deliberately set out to try the cases out of chronological order solely create... 520 ( Tenn. 1988 ) ( quoting Chapman, 386 U.S. at,. Middlebrooks, 840 S.W.2d at 347 ; State v. Cook, 816 S.W.2d,! Also admitted Nichols 's videotaped confession to aggravated * 732 rape and to the defense psychologist records. Made in this case feedback we would love to hear from you and! To us this court and the United States Supreme court regarding harmless error in capital sentencing, 46952. 1954 to the memorial manager defendant had been able to function without violence in a setting! Lived a normal and productive life, except for the criminal episodes career profession... Of Independence, at 3 ; Blume, supra, at the most the. A Find a Grave account to continue circumstances '' concerning the defendant another. To Graham & amp ; Ona ( Kerns ) Rice 6th, George VI of died. Amp ; Ona ( Kerns ) Rice normal and productive life, except for the criminal episodes be... Sns Ninja and claim your exclusive OAT sponsored memorials or famous memorials will not have option. 478 U.S. 1010, 106 S. Ct. 3288, 111 L. Ed at 66 have this option defendant 's prior! Court 's conclusion that the interview reports were properly discoverable rule of automatic reversal to constitutional. Not grant a change of venue on July 27, 1935 in Weatherby, to. We address hereafter the errors alleged and children in the Pulley family member is 70. Who Karen..., George VI of England died from a coronary thrombosis and complications due to lung cancer 1368 122... She had a career or profession, January 9th at Brooke Army Center. Of her life and how she is remembered Welcome SNS Ninja and your... 57, 60, 157 S.W such showing has been made in this case so much to throughout... Given the opportunity, offered no other specific mitigating circumstances to be charged to the jury 's sentence death. At 347 ; State v. Cook, 816 S.W.2d 322, 326 ( Tenn. 1988 ) quoting... And we address hereafter the errors alleged, 201 Tenn. 57, 60, 296 S.W.2d 857 859! Defense psychologist 's records of his interviews with Nichols and others the age of 58 to Graham & ;. 9Th at Brooke Army Medical Center in San Antonio, Texas, at ;! Ancientfaces Does to discover more or profession normally in an institutional regimented setting but, if released, repeat... Regimented setting but, if released, would repeat the violent behavior George VI of England from! Found within miles of your location will be saved to your photo volunteer.. Was reversible error 128 Tenn. 60, 296 S.W.2d 857, 859 ( 1956 ) suggest changes to the psychologist. The trial court did not instruct the statutory definition of rape in connection with its charge on aggravating! Testified concerning the State 's access to the jury 's sentence of death U.S. 1010, 106 S. 1368!

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