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She died on December 13, 2003 at 49 years old. Found more than one record for entered Email, You need to confirm this account before you can sign in. Again, we emphatically disagree. 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 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. Here, the trial judge attempted to solve the problem of possible taint to the jury pool from the extensive pretrial publicity that surrounded this case and the other charges against the defendant. All Death, Burial, Cemetery & Obituaries results for Karen Elise Pulley. 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. The majority summarily states that the sentence of death is "neither excessive nor disproportionate." 2d 284 (1988) (quoting Chapman, 386 U.S. at 24, 87 S.Ct. Learn about how to make the most of a memorial. Sponsored by Ancestry. In accordance with the mandate of Tenn. Code Ann. Karen Pulley was buried at Marion National Cemetery Karen S Pulley of Texas was born c. 1949. Obituary Timothy "Tim" O'Keeffe Pulley, 60, died unexpectantly April 8, 2021, in his Richmond, Virginia home. Karen Sue Pulley was born on May 24, 1954. We find ample evidence to support the court's finding that the confession in this case was admissible. See State v. Cazes, 875 S.W.2d 253 (Tenn. 1994); State v. House, 743 S.W.2d 141 (Tenn. 1987); State v. McNish, 727 S.W.2d 490 (Tenn. 1987); and State v. King, 718 S.W.2d 241 (Tenn. 1986). art. Share highlights of Karen's life. Please check your email and click on the link to activate your account. Obituary Elizabeth P. Pulley, age 80, of Millersburg, Ohio passed away Tuesday, December 13, 2022 at her home following a sudden illness. The modus operandi of the convictions was similar to the felony resulting in Pulley's murder. These historical values are embodied in two provisions of the United States Constitution. We find that, in the absence of any other records of Dr. Engum's evaluation of the defendant, the interview records are discoverable. You have chosen this person to be their own family member. See also Odeneal v. State, 128 Tenn. 60, 157 S.W. Instead, over the objection of the defendant, the court moved the proceedings to Sumner County from whence a jury was selected and transported back to Hamilton County, where the trial was held. 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). 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 . at 732-733 (Reid, C.J., concurring). This Court concluded in State v. Middlebrooks, 840 S.W.2d 317, 346 (Tenn. 1992), cert. 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. If you have questions, please contact [emailprotected]. It goes without saying that the implementation of this aggravating circumstance may be subject to a certain degree of prosecutorial discretion; but implementation of the criminal laws against murder "necessarily requires discretionary judgments." The defendant contends he did not receive proper notice under Tenn.R.Crim.P. To use this feature, use a newer browser. He expressed remorse for his actions but testified that, if he had not been arrested, he would have continued to violently attack women. State v. Goswick, 656 S.W.2d 355, 358-360 (Tenn. 1983). 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). denied, ___ U.S. ___, 112 S. Ct. 131, 116 L. Ed. In my opinion, the procedure provided by present law is adequate and should be followed. that occurred during Karen's lifetime. 0 cemeteries found in Dillwyn, Buckingham County, Virginia, USA. State v. Debro, 787 S.W.2d 932 (Tenn. Crim. 609(a)(3). Please ensure you have given Find a Grave permission to access your location in your browser settings. We have recently stated that it is important, when conducting harmless error review. The longtime department veteran believed prevention and intervention were the keys to lowering crime. 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). Please complete the captcha to let us know you are a real person. The trial proceeded to the penalty phase with the State relying on two aggravating *726 circumstances: (1) the murder's occurrence during the commission of a felony and (2) Nichols' previous convictions of violent felonies. 2d 1145, 1153-1154 (Fla. 1981) (an adjudication of guilt is not necessary for "conviction" under Florida's similar aggravating circumstance). She was the daughter of Earl Floyd Reardon and Cora Mae Lytle Reardon, both deceased. 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. Tyler Austin Pulley. In this case, the trial court permitted the introduction of evidence tending to "individualize" the case for the jury, while carefully limiting the evidence to testimony relevant to the crime. Discover how our Uncovering Our Shared Memories: An Introduction to the Community Standards at AncientFaces View Karen Lee (Ellis) Blaney's obituary, contribute to their memorial, see their funeral service details, and more. Hear your loved one's obituary. You can explore additional available newsletters here. Subscribe. The defendant, however, had pled guilty to Indictment 175433, aggravated rape [anal rape] of the same victim on the same day, October 24, 1989. When you share, or just show that you care, the heart red mountain timber company hunting leases. A celebration of life will be held at Champion . State v. Hartman, 703 S.W.2d 106, 118 (Tenn. 1985), cert. 3 death records. 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. The defendant was convicted of attempted rape in 1984, served 18 months, was placed on parole, violated it and was returned to prison. However, T.C.A. 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. 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. [4] See U.S.C.A. Hi friends, As many of you are already aware, Doug passed away on June 12th at Good Samaritan Hospital. See State v. Harbison, 704 S.W.3d 314, 318 (Tenn. 1986), cert. 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. I, 8, 9, and 16 of the Tennessee Constitution). Lynn is preceded in death by his parents and siblings, Wendell Pulley and Robert Pulley. The appellant, Harold Wayne Nichols, has filed a petition for rehearing in this cause, which the Court has considered and concludes should be denied. See Tenn. Code Ann. After deliberating approximately two hours, the jury returned a verdict of death. He was preceded in death by his father, Willard Claude Pulley. This account has been disabled. The next morning, one of Karen Pulley's roommates discovered her alive and lying in a pool of blood on the floor next to her bed. This statutory procedure was not followed in this case. and you'll be alerted when others do the same. See State v. Howell, 868 S.W.2d 238, 262 (Tenn. 1993) (Reid, C.J., concurring). 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. However, it characterizes the prosecution's argument as perhaps "hinting at the idea that a life sentence carries with it the possibility that defendant will rape and murder *741 again," and concludes the argument was not prejudicial error. Tennessee courts applied the same rule of automatic reversal to state constitutional errors as well. There was a problem getting your location. Supreme Court of Tennessee, at Knoxville. In 1976, just as he was about to be adopted, he was returned to his father. Karen Pulley We found 51 records for Karen Pulley in AR, TN and 21 other states. 803(b) (Records of Regularly Conducted Activity) or 893(8) (Public Records and Reports). https://www.findagrave.com/memorial/193274861/karen-elise-pulley. 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. State v. Bell, 690 S.W.2d 879, 883 (Tenn. Crim. Any references to parole possibilities during argument, even indirect references, are improper. This is the type of case that demonstrates the need for a definite and precise procedure that includes objective criteria for determining whether the sentence of death in a particular case is excessive or disproportionate in comparison to the penalties imposed in similar cases. He committed five aggravated rapes within 90 days of his rape and murder of Karen Pulley and in three instances was armed with weapons. The defendant next alleges that the trial court failed to instruct the jury that it could consider nonstatutory mitigating factors. Share memories and family stories, photos, or ask questions. Cf. Sure, send him there." 39-13-204(i)(7). Photos, memories, family stories & discoveries are unique to you, and only you can control. Instead of admitting the 1984 assault conviction to prove that the murder in this case conformed to defendant's previous violent behavior, the court admitted the conviction to rebut evidence that the defendant was a docile person. (Butch) Pulley (Karen), Lavaca, Arkansas, Pam Mathis (Joe), Wyandotte, Oklahoma, Pat Pulley (Charlotte), Miami, Oklahoma, Roberta (Bobbie) Frye (George), Berryville . Karen Elise Pulley. 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. 2d 235 (1983). This account already exists, but the email address still needs to be confirmed. [7] We disagree. The trial court granted the defendant's application for a change of venue upon the necessary finding that the defendant could not have a fair and impartial trial in Hamilton County. The defendant argues that the trial court's failure to ask each juror whether he or she had found that the aggravating circumstances outweighed the mitigating circumstances beyond a reasonable doubt when it polled the jurors upon the return of the verdict[9] violates several of his constitutional rights (Sixth, Eighth, and Fourteenth Amendments of the United States Constitution; Art. cemeteries found within miles of your location will be saved to your photo volunteer list. 39-13-204(i)(2) & (7). One court has observed that although Article III speaks to the site of the trial and the Sixth Amendment addresses the place from which the jury is selected, "[t]his distinction has never been given any weight, perhaps because the requirement that a jury be chosen from the state and district where the crime was committed presupposes that the jury will sit where it is chosen." 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. She was born on September 1, 1924, the daughter of Booker and Emma (Jones) McGee in Sunflower City, Mississippi. This videotaped confession provided the only link between the defendant and the Pulley rape and murder. See Chapman, 386 U.S. at 24, 87 S. Ct. at 828. When 2 or more people share their unique perspectives, California v. Ramos, 463 U.S. 992, 1005, 103 S. Ct. 3446, 3456, 77 L. Ed. I dissent with regard to the majority's findings that the defendant waived his right to object to the jury under Article I, section 9 of the Tennessee Constitution, that the prosecutor's argument concerning parole was not prejudicial error, that the use of the invalid aggravating circumstance of felony murder as an aggravator was harmless error, and that death in this case is not a disproportionate punishment. . Thus, the confession was properly admitted under Tenn. Code Ann. We agree that this alleged evidence, even if it could be produced as represented, would not change the results of the trial. You are nearing the transfer limit for memorials managed by Find a Grave. Nichols contends that the trial court's instruction specified only three statutory mitigating circumstances, leaving other mitigating factors to the jury's recollection, in violation of Lockett v. Ohio, 438 U.S. 586, 98 S. Ct. 2954, 57 L. Ed. It was at this point that the defendant confessed to the crime. Link to family and friends whose lives she impacted. Thanks for your help! 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. Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. Karen Elise Pulley. 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. The State erroneously gave notice of Indictment 175487, alleging aggravated rape on October 24, 1989, which had been dismissed. VI; Tenn. Const. 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. 1987) (limiting discovery to results or reports that relate to the prospective witness's testimony). The defendant now appeals his sentence, alleging a number of errors in the sentencing phase. A description of the crime and its circumstances was thus clearly admissible. To summarize, we find no reversible error in connection with the jury instructions given by the trial court in this case. Serving All Faiths & Cultures; Funeral Services; 2d 384 (1988), and McKoy v. North Carolina, 494 U.S. 433, 110 S. Ct. 1227, 108 L. Ed. The district attorney admitted that this was one reason for the order in which the cases were *736 scheduled to be tried. 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). Share highlights of Karen's life. Friends can be as close as family. Accordingly, we find no merit in this issue. At the sentencing hearing, the jury found two aggravating circumstances: (1) Nichols' five previous convictions for aggravated rape and (2) the fact that the murder occurred during the commission of a felony. Even under the Howell analysis, the admission of the invalid circumstance was not harmless error. Because the defendant pled guilty, the sentencing jury here, as in Teague, had no information about the offense, absent the complained of evidence. 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. , Virginia, USA, we find no reversible error in connection with the mandate of Tenn. Code Ann at... Could be produced as represented, would not change the results of the crime and circumstances! 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