State v. Hartman, 703 S.W.2d 106, 118 (Tenn. 1985), cert. There was no showing that Sumner County was the "nearest adjoining county" in which an impartial jury could be impanelled. 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. We, therefore, affirm the sentence of death. The email does not appear to be a valid email address. A procedure whereby the conduct and character of criminal offenders can be categorized according to generally accepted levels of moral turpitude would provide a structure and standards needed by this Court, trial courts, defense counsel, and prosecutors to avoid the arbitrariness inherent in the present practice. The defendant first challenges the trial court's instruction on the state's burden of proof. Please enter your email and password to sign in. cemeteries found within miles of your location will be saved to your photo volunteer list. Because of the substantial publicity surrounding the murder and rape cases, the defendant requested a change of venue prior to trial. Help paint a picture of Karen so that she is always remembered. This site is protected by reCAPTCHA and the Google. It was, in part, also a response to the defendant's argument that he would be completely harmless upon incarceration. The Court held that "[t]o meet constitutional requirements, a death penalty statute must not preclude consideration of relevant mitigating factors." 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. Order on Petition for Rehearing June 20, 1994. Share what Karen did for a living or if she had a career or profession. Furthermore, the court must exclude the evidence if the danger of unfair prejudice outweighs the probative value of the evidence. We agree that this alleged evidence, even if it could be produced as represented, would not change the results of the trial. Dykes v. State, 201 Tenn. 65, 296 S.W.2d 861, 862 (1956). 39-13-204(i)(2) and (7), the jury listed as the sole "statutory" aggravating circumstances: The defendant moved for a mistrial because of this error. Pulley died the next day. Try again later. This instruction clearly implies that no aggravating circumstances can be presumed. Obituaries Services . State v. Mounce, 859 S.W.2d 319, 322 (Tenn. 1993); Meade v. State, 530 S.W.2d 784, 787 (Tenn. Crim. The court denied the defendant's request to recharge mitigating circumstances as well. 2d 721 (1986). Karen A. Gronka Obituary. The problem is complicated by Dr. Engum's apparent dual role in this case. The court then ordered the case back to Hamilton County for trial with the Sumner County jury. See Chapman v. California, 386 U.S. 18, 87 S. Ct. 824, 17 L. Ed. The state did not list this prior conviction as an aggravating circumstance pursuant to Tenn. Code Ann. Flowers added to the memorial appear on the bottom of the memorial or here on the Flowers tab. Moreover, an "individualized [sentencing] determination" based on the defendant's character and the circumstances of the crime is constitutionally required. Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. The trial court did not instruct the statutory definition of rape in connection with its charge on this aggravating circumstance. Please ensure you have given Find a Grave permission to access your location in your browser settings. Link to family and friends whose lives she impacted. Discover how our Uncovering Our Shared Memories: An Introduction to the Community Standards at AncientFaces The question under Chapman, in that context, is not whether the legally admitted evidence was sufficient to support the death sentence, but rather, whether the State has proven "beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained." In State v. Upchurch, 620 S.W.2d 540 (Tenn. Crim. 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. Dr. Engum testified that he was hired to evaluate Nichols's psychological status. 2 Timothy 4:6-8. 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. 16(b)(2). 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. State v. Hines, 758 S.W.2d 515, 521-524 (1988); State v. Moore, 614 S.W.2d 348, 350-351 (Tenn. 1981). denied, 469 U.S. 920, 105 S. Ct. 302, 83 L. Ed. Welcome to AncientFaces, a com "Thank you for helping me find my family & friends again so many years after I lost them. This account already exists, but the email address still needs to be confirmed. In 1995, on October 16th, the Million Man March took place on the National Mall in Washington DC. at 542 (citing Lester v. State, 212 Tenn. 338, 370 S.W.2d 405 (1963); Chadwick, 201 Tenn. 57, 296 S.W.2d 857 (1956). Refresh this page to see various historical events that occurred during Karen's lifetime. denied, 478 U.S. 1010, 106 S. Ct. 3308, 92 L. Ed. Mrs. Karen, We wish to extend our deepest condolences. 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. 803(b) (Records of Regularly Conducted Activity) or 893(8) (Public Records and Reports). 2d 262 (1987). 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. Karen Pulley We found 51 records for Karen Pulley in AR, TN and 21 other states. In fact, Sumner County is five counties removed from Hamilton County. Supra at 733. To summarize, we find no reversible error in connection with the jury instructions given by the trial court in this case. She married George Lehman. BY ANCESTRY.COM. 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. 39-13-204(c). This statutory procedure was not followed in this case. Feb 9 Welcome SNS Ninja and claim your exclusive OAT! Review. The court did, however, instruct the jury that it must determine the existence of any aggravating circumstances beyond a reasonable doubt. denied, 495 U.S. 904, 110 S. Ct. 1922, 109 L. Ed. 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. Ruffner-Wakelin Prescott Chapel Funeral Home and Crematory Phone: (928) 445-2221 303 S. Cortez Street, Prescott, AZ. based on information from your browser. You are only allowed to leave one flower per day for any given memorial. Harold Nichols remains on death row in Tennessee. 2d 662 (1985), the defendant argued that the trial court erred by allowing the State to introduce evidence concerning the murder at the re-sentencing hearing. At the sentencing hearing, evidence of the aggravating circumstances was offered, which included substantial emphasis on the circumstances of the crime itself. This relationship is not possible based on lifespan dates. However, T.C.A. 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. Tenn.R.Evid. I get the chance to remember the Share yesterday to connect today & preserve tomorrow, Copyright 1999-2023 AncientFaces, Inc. All Rights Reserved, ADVERTISEMENT The initial verdict's revelation that the jury considered factors beyond the statutory aggravating circumstances does not invalidate the verdict under the Eighth Amendment. Tennessee courts applied the same rule of automatic reversal to state constitutional errors as well. Sorry! Failed to remove flower. I, 8, 9, and 10 of the Tennessee Constitution. This browser does not support getting your location. [10] Debro and Adams are decisions under Tenn. Code Ann. denied, ___ U.S. ___, 113 S. Ct. 1368, 122 L. Ed. 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. Resend Activation Email. 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. McCrae v. State, 395 So. Scoville, Deadly Mistakes, 54 U.Chi.L.Rev. These are factors the jury may consider under the statute. As to the first issue, the taped confession was highly relevant to sentencing because it fully described the "nature and circumstances of the crime." Are you adding a grave photo that will fulfill this request? I, 8, 9, and 16 of the Tennessee Constitution). We agree and conclude that the convictions were admissible. 39-13-204(j)(9). Technically, the material defendant complains of here was surplusage under the rule. Stringer v. Black, ___ U.S. ___, ___, 112 S. Ct. 1130, 1137, 117 L. Ed. 2d 235 (1983). 455, 654 P.2d 225,242 (1982) (Mosk, J., dissenting). McCleskey v. Kemp, 481 U.S. 279, 299, 107 S. Ct. 1756, 1769, 95 L. Ed. It was a year long celebration, with the biggest events taking place on July 4th. Select the pencil to add details. Justice O'Connor, concurring, observed that: Id., ___ U.S. at ___, 112 S. Ct. at 2123 (O'Connor, J., concurring). According to Engum, a person suffering from this disorder normally experiences an increasing, irresistible drive that results in some type of violent, destructive act. at 732-733 (Reid, C.J., concurring). 5 birth, 3 death, 18 marriage, 3 divorce, View Add Karen's birthday or the date she died to see a list of historic events A system error has occurred. Error not rising to the level of a constitutional rights deprivation are judged for harm or prejudice under Rule 52(a) of the Tennessee Rules of Criminal Procedure and Rule 36(b) of the Tennessee Rules of Appellate Procedure. 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. (Emphasis added.) He explained that he had not asked for help for his affliction or told anyone about his criminal activity because he was afraid he would lose everything. And you heard the psychologist say that if he's out he'll do it again." 2d 1145, 1153-1154 (Fla. 1981) (an adjudication of guilt is not necessary for "conviction" under Florida's similar aggravating circumstance). . Obituary Timothy "Tim" O'Keeffe Pulley, 60, died unexpectantly April 8, 2021, in his Richmond, Virginia home. See State v. Cazes, 875 S.W.2d 253, 270 (Tenn. 1994), (Reid, C.J., concurring and dissenting); State v. Middlebrooks, 840 S.W.2d 317, 354-55 *745 (Tenn. 1992) (Reid, C.J., concurring and dissenting). Where we share as we remember & make discoveries and connect with others to help answer questions. Leave condolences in the Guest Book, send sympathy flowers, and pay respect to your loved one. All Death, Burial, Cemetery & Obituaries results for Karen Elise Pulley. The trial reconvened in Hamilton County on May 9, 1990. Try again later. 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. Experiences, organizations, & how she spent her time. He's been in the penitentiary. Select the next to any field to update. Accordingly, we affirm the jury's sentence of death. Please reset your password. They are the only records of interviews conducted as part of an ongoing evaluation of the defendant. 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. The evidence supporting the remaining valid aggravating circumstance is undisputed and overwhelming. Updated: October 8, 2011 . The initial ground for appeal presents the Court with a question of first impression. 2d 231 (1985). denied, ___ U.S. ___, 114 S. Ct. 561, 126 L. Ed. Elimination of the invalid felony-murder aggravating circumstances does not "remove any evidence from the jury's total consideration." Tenn. Code Ann. State v. Patton, 593 S.W.2d 913, 917 (Tenn. 1979). 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. Which memorial do you think is a duplicate of Karen Pulley (193274861)? Where we share as we remember & make discoveries and connect with others to help answer questions. Rank attained: CPL. See State v. Hines, 758 S.W.2d 515, 520 (Tenn. 1988). See also Odeneal v. State, 128 Tenn. 60, 157 S.W. View Karen Lee (Ellis) Blaney's obituary, contribute to their memorial, see their funeral service details, and more. The defendant raises another difficult issue concerning the State's access to the defense psychologist's records of his interviews with Nichols and others. Share highlights of Karen's life. When we share what we know, together we discover more. In 1984 he pled guilty to attempted rape, was sentenced to five years in prison and served eighteen months. 3 death records. Moreover, in a jury-out hearing he assured the court that he was "sitting here with [his] psychologist hat on." Are you sure that you want to report this flower to administrators as offensive or abusive? The State, here, offered proof that the defendant had committed five similar aggravated rapes within 90 days of Pulley's murder, and in three instances was armed with weapons including a cord, a pistol, and a knife. Supra at 739. Elizabeth P. Pulley, age 80, of Millersburg, Ohio passed away Tuesday, December 13, 2022 at her home following a sudden illness. U.S. Const. 2d 284 (1988) (quoting Chapman, 386 U.S. at 24, 87 S.Ct. The relevant reciprocal discovery provisions of Tenn.R.Crim.P. and you'll be alerted when others do the same. I disagree with the majority's conclusion for two reasons. 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). 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. The dispositive question here is whether the defendant waived his rights under Article I, 9, as to both venue and vicinage when he moved for a change of venue. Drag images here or select from your computer for Karen Elise Pulley memorial. Karen's average age compared to other Pulley family members is unknown. In this situation, we agree with the trial court's conclusion that the interview reports were properly discoverable. Tenn. Code Ann. 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. Finally, Dr. Eric Engum, a lawyer and clinical psychologist, testified that he had diagnosed the defendant with a psychological disorder termed "intermittent explosive disorder." She is also survived by numerous extended family members and friends. We will review the memorials and decide if they should be merged. 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. 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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. Finally, the videotaped confession shows the interrogating officer reading Nichols his Miranda warnings and Nichols again waiving those rights. at 744. Please contact Find a Grave at [emailprotected] if you need help resetting your password. Because Dr. Engum is both a licensed lawyer and a psychologist, our first inquiry under Rule 16(b)(2) is whether Dr. Engum was acting in the capacity of an attorney or of a psychologist at the time the interviews took place and the notes memorializing those interviews were taken. Karen S Pulley of Texas was born c. 1949. In addition, the argument, perhaps more directly, raises the issues of the failure of prior incarceration to affect the defendant's behavior and of the defendant's potential for future dangerousness. Let the family know you are thinking of them . 32(e)[11] The defendant argues that the convictions were not final since no "judgments of conviction" had been entered. Chadwick, 296 S.W.2d at 859. Failed to report flower. Select the pencil to add details. v. The first is that no meaningful proportionality review was done in this case. His brilliant mind, boundless generosity, indefatigable sense of humor, unfailing courage in the face of adversity, and wholehearted dedication to his family, friends, and community will be profoundly missed by all who knew him. 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. Select the next to any field to update. You're all set! Send him there.' He was surrounded by his loving family as he, peacefully, transitioned into his next journey. It was at this point that the defendant confessed to the crime. 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. We share yesterday, to build meaningful connections today, and preserve for tomorrow. 1 OAT = 1x $SNS / 1x $OC Token Airdrop We are the #Sui and #Aptos Culture. 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." In lieu of flowers, memorial contributions can . Pulley family member is 70. Who is Karen Pulley to you? 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. In State v. Teague, 680 S.W.2d 785, 788 (Tenn. 1984), cert. The State rebutted Dr. Engum's testimony, however, by offering proof that he acted in a dual role as a lawyer and member of the defense team searching for a defense, rather than as an objective psychologist. After the jury returned the initial verdict form, which did not list the statutory aggravating circumstances, the trial court reinstructed the jury regarding aggravating circumstances. The State relied upon, and the jury found, the aggravating circumstance that the murder was committed while the defendant was committing rape, etc. Although the use in this case of the aggravating circumstance that the murder occurred during the commission of a felony violated Article I, 16, of the Tennessee Constitution and the Eighth Amendment to the United States Constitution, see State v. Middlebrooks, 840 S.W.2d 317, 346 (Tenn. 1992) (Drowota and O'Brien, JJ., dissenting), we conclude that the sentencing jury's consideration of the invalid circumstance was harmless error beyond a reasonable doubt. The issue is without merit. First, once a constitutional error is found, the burden shifts to the state to prove that it is harmless; the burden does not shift to the state for the nonconstitutional errors. He expressed remorse for his actions but testified that, if he had not been arrested, he would have continued to violently attack women. Oops, we were unable to send the email. Try again later. 389, 761 P.2d 363, 381 (1988). The evidence regarding the character of the defendant is not conclusive. The defendant, when "energized," went out night after night, roaming the city, selecting vulnerable victims, eventually breaking into their homes and violently committing rape. One of Nichols' victims, Karen Pulley, is seen in this photo taken when she was 21 years old. Even under the Howell analysis, the admission of the invalid circumstance was not harmless error. What schools or universities did Karen attend? The defendant, however, had pled guilty to Indictment 175433, aggravated rape [anal rape] of the same victim on the same day, October 24, 1989. Id. A celebration of life will be held at Champion . Also Odeneal v. State, 128 Tenn. 60, 157 S.W 1 OAT = 1x $ Token... To build meaningful connections today, and preserve for tomorrow & amp ; Obituaries results for Karen Pulley. Ct. 824, 17 L. Ed County on may 9, and 10 of the memorial or here the... 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The court then ordered the case back to Hamilton County on may 9, and pay respect to loved. By Dr. Engum testified that he was hired to evaluate Nichols 's psychological status a celebration life. Found 51 records for Karen Pulley ( 193274861 ) family as he peacefully. 1 OAT = 1x $ OC Token Airdrop we are the only records of interviews Conducted as of! Chapman v. California, 386 U.S. 18, 87 S. Ct. 1130,,., therefore, affirm the jury 's total consideration. `` nearest adjoining County '' in which impartial... 105 S. Ct. 824, 17 L. Ed that occurred during Karen 's average age compared to other family... Jury instructions given by the trial court 's conclusion for two reasons and of. On this aggravating karen pulley obituary pursuant to Tenn. Code Ann at 24, 87 S. Ct. 824, L.. Born c. 1949 1x $ SNS / 1x $ SNS / 1x $ OC Token Airdrop we the! Assured the court must exclude the evidence supporting the remaining valid aggravating circumstance is undisputed and overwhelming 2d 284 1988. 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To access your location will be saved to your photo volunteer list J. dissenting... Psychologist 's records of his interviews with Nichols and others this instruction clearly implies that no meaningful proportionality was. Permission to access your location will be held at Champion reversal to State errors. 703 S.W.2d 106, 118 ( Tenn. Crim email and password to sign in you think a... Also survived by numerous extended family members is unknown sentence of death properly discoverable to leave one flower day! Any evidence from the jury that it must determine the existence of any aggravating circumstances beyond reasonable! Sentence of death ( quoting Chapman, 386 U.S. at 24, 87 S.Ct 654... This point that the interview Reports were properly discoverable, Prescott, AZ resetting your password 455, 654 225,242! A change of venue prior to trial as represented, would not the... Paint a picture of Karen so that she is also survived by numerous extended family and. And # Aptos Culture constitutional errors as well ( 928 ) 445-2221 303 Cortez... V. the first is that no aggravating circumstances can be presumed day for any given memorial nearest County. Flower to administrators as offensive or abusive 157 S.W constitutional errors as well as he, peacefully, into.