No judgments had been entered because the trial court had delayed sentencing at the defendant's request. 39-13-204(i)(2) (previous convictions of felonies involving the use of violence to the person). 1 OAT = 1x $SNS / 1x $OC Token Airdrop We are the #Sui and #Aptos Culture. Gen. & Reporter, Stan Lanzo, Dist. Share what Karen did for a living or if she had a career or profession. Thank you for fulfilling this photo request. In 1966, Karen was only 12 years old when on July 1st, Medicare became available after President Johnson signed into law the Medicare Act in 1965. Her 17 year old daughter, Stephanie, was also in the car and suffered serious injuries but recovered. Subscribe. ." 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. based on information from your browser. 609(a)(3). Woodson v. North Carolina, 428 U.S. 280, 303, 96 S. Ct. 2978, 2991, 49 L. Ed. State v. Terry, 813 S.W.2d at 425 (because evidence of the invalid aggravating circumstance was introduced, and the defendant introduced strong mitigation proof and only one valid aggravator remained, this Court could not conclude that the error was *743 harmless beyond a reasonable doubt); see also State v. Bobo, 727 S.W.2d 945, 956 (Tenn.) cert. Finally, the videotaped confession shows the interrogating officer reading Nichols his Miranda warnings and Nichols again waiving those rights. 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. President Truman had received the first Medicare card since he had been the first to propose national healthcare law. [7] We disagree. We find that, in the absence of any other records of Dr. Engum's evaluation of the defendant, the interview records are discoverable. at 347. denied, 467 U.S. 1210, 104 S. Ct. 2400, 81 L. Ed. In several important ways, the test for harmlessness of constitutional errors differs from that for nonconstitutional errors. Consequently, despite the finding that the defendant was entitled to a change of venue, he was not in fact granted a change of venue. Learn more about merges. I, 8, 9, and 16 of the Tennessee Constitution). Id. His death was very unexpected and came after nine days of battling in the hospital. In State v. Teague, 680 S.W.2d 785, 788 (Tenn. 1984), cert. See Tenn. Code Ann. denied, ___ U.S. ___, 112 S. Ct. 131, 116 L. Ed. at 732-733 (Reid, C.J., concurring). 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. 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). See State v. Bates, 804 S.W.2d 868, 881 (Tenn. 1991). See State v. Smith, 857 S.W.2d 1, 21 (Tenn.) cert. 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. McCrae v. State, 395 So. 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). Record information. Previously sponsored memorials or famous memorials will not have this option. Thanks for using Find a Grave, if you have any feedback we would love to hear from you. With regard to the claim that the confession was involuntary, a trial court's determination at a suppression hearing will not be overturned if there is any material evidence to support it. In 1952, on February 6th, George VI of England died from a coronary thrombosis and complications due to lung cancer. This account has been disabled. 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. https://www.findagrave.com/memorial/193274861/karen-elise-pulley. 2d 705 (1967); State v. Howell, 868 S.W.2d 238 (Tenn. 1993). Accordingly, we affirm the jury's sentence of death. Close this window, and upload the photo(s) again. The court ascertained that the corrected verdict was the verdict the jury had reached the first time they returned the form. Biographies are our place to remember and discover more about the people important to us. 1987) (limiting discovery to results or reports that relate to the prospective witness's testimony). I thought you might like to see a memorial for Karen Elise Pulley I found on Findagrave.com. 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. Supra at 733. Several persons who knew the defendant testified to his good character and passive nature. Graveside services will be 1 p.m. Tuesday, December 20th at Wilmot Cemetery, Wilmot, Ohio with Pastor Jim Jamison officiating. The dissent suggests that no meaningful comparative proportionality review is possible without a procedure that includes objective criteria to determine proportionality. He expressed remorse for his actions but testified that, if he had not been arrested, he would have continued to violently attack women. Atty. Where we share as we remember & make discoveries and connect with others to help answer questions. Updated: October 8, 2011 . State v. Patton, 593 S.W.2d 913, 917 (Tenn. 1979). He was married in 1986. View the profiles of professionals named "Karen Pulley" on LinkedIn. Karen Sue Pulley was born on May 24, 1954. We have thoroughly examined the record of this sentencing hearing and conclude that any trial errors committed during the sentencing phase were harmless error beyond a reasonable doubt and did not affect the jury's verdict of death. She was the daughter of Earl Floyd Reardon and Cora Mae Lytle Reardon, both deceased. We have set your language to 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. Find Karen Pulley obituaries and memorials at Legacy.com. The defendant made no contemporaneous objection to this argument. Select the next to any field to update. See, e.g., State v. West, 767 S.W.2d 387, 398-399 (Tenn. 1989) (Caldwell error harmless beyond a reasonable doubt); State v. Taylor, 771 S.W.2d 387, 396 (Tenn. 1989); Teague v. State, 772 S.W.2d 915, 926 (Tenn. Crim. In this situation, we agree with the trial court's conclusion that the interview reports were properly discoverable. Taken in context, the prosecution's argument did not lead the jury to believe that the responsibility for determining the appropriateness of defendant's sentence lay elsewhere. The argument was a comment upon the possibility of parole and was reversible error. The trial court did not instruct the statutory definition of rape in connection with its charge on this aggravating circumstance. See Chapman v. California, 386 U.S. 18, 87 S. Ct. 824, 17 L. Ed. 2d 235 (1983). 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 also took the stand and testified about his life and the violent crimes he had committed. Because of the substantial publicity surrounding the murder and rape cases, the defendant requested a change of venue prior to trial. Sorry! See e.g. The sponsor of a memorial may add an additional. We conclude that the change of venue motion constitutes a waiver of Article I, 9, rights. His eldest daughter, age 25, immediately ascended the throne as Elizabeth II and her coronation was on June 2 1953. We note, however, that a statute which addresses the issue of summoning juries from another county, where there is a motion for change of venue, would ensure uniformity and fairness across the state and avoid error from excessive experimentation. English Beginning in Hong Kong then spreading to Europe, the crash then hit the United States. Karen Pulley We found 51 records for Karen Pulley in AR, TN and 21 other states. The email does not appear to be a valid email address. There is at the very least a reasonable possibility that the injection of the invalid felony murder aggravating circumstance into the weighing process by the jury contributed to the death sentence, and I cannot conclude that beyond a reasonable doubt the error did not contribute to the verdict. Family and friends are welcome to leave their condolences on this memorial page and share them with the family. He committed five aggravated rapes within 90 days of his rape and murder of Karen Pulley and in three instances was armed with weapons. 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. He also submitted the testimony of a clinical psychologist who had diagnosed the defendant as having intermittent explosive disorder. We would encourage the legislature to address this issue. 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 . This question was asked each juror. Best Match Powered by Whitepages Premium AGE 60s Karen Maxine Pulley Russellville, AR View Full Report Addresses Castle Rock Ct, Russellville, AR Chateau Dr, Dover, AR There she developed a life-long love of the beach, swimming. Share what Karen did for a living or if she had a career or profession. The proof showed that on the night of September 30, 1988, the defendant broke into the house where the 21-year-old-victim, Karen Pulley, lived with two roommates in the Brainerd area of Chattanooga, Tennessee. To view a photo in more detail or edit captions for photos you added, click the photo to open the photo viewer. We disagree. Select the pencil to add details. This section is to introduce Karen Pulley with highlights of her life and how she is remembered. Add Karen's family friends, and her friends from childhood through adulthood. We have carefully considered the defendant's contentions as to the alleged errors occurring during the sentencing phase and conclude the defendant's death sentence should be affirmed. We encourage your input. 2d 859 (1976); see also State v. Brimmer, 876 S.W.2d 75 (Tenn. 1994). 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. Id. The proof demonstrates the defendant is undoubtedly "among the worst of the bad," and clearly belongs among those who are eligible for the ultimate sanction. Resend Activation Email. 39-13-204(i)(7). Rptr. 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." 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." It was at this point that the defendant confessed to the crime. denied, 478 U.S. 1010, 106 S. Ct. 3308, 92 L. Ed. Try again later. He was seemingly both an expert psychological witness and a member of the defense team who helped to form strategy and evaluate witnesses. 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 746 (1993) (Reid, C.J., dissenting). Where this fundamental discretion is involved, it will not be assumed that "what is unexplained is invidious," McCleskey v. Kemp, 481 U.S. at 309, 107 S. Ct. at 1778; and "exceptionally clear proof" is required before an abuse of discretion will be found in the operation of the criminal justice process. The jury found that the aggravating circumstances outweighed the mitigating circumstances beyond a reasonable doubt and sentenced the defendant to death. Karen Pulley is organizing this fundraiser. 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. French. Again, we emphatically disagree. Are you sure that you want to report this flower to administrators as offensive or abusive? She married Rufus Pulley on October 1, 1946, in Salem and he preceded her in death on July 25, 1999. 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. 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. (Walleshauser) Pulley. Tenn. Code Ann. Did Karen finish grade school, get a GED, go to high school, get a college degree or masters? 39-13-204(i)(2) & (7). Who were the people in Karen's life? You are only allowed to leave one flower per day for any given memorial. Your new password must contain one or more uppercase and lowercase letters, and one or more numbers or special characters. 5 birth records, View We have recently stated that it is important, when conducting harmless error review. 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 Unlock the mysteries of your family history and explore the rich tapestry of your past with AncientFaces. Karen Elise Pulley. 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. Karen was born on March 26, 1954 to the late Edward Florence and Joanne Rose, and raised by her . Discover how our Uncovering Our Shared Memories: An Introduction to the Community Standards at AncientFaces When 2 or more people share their unique perspectives, Each juror answered affirmatively when asked by the court whether, before reporting the verdict the first time, he or she had found (1) that each of the two statutory aggravating circumstances had been proved beyond a reasonable doubt, and (2) that these circumstances outweighed any mitigating circumstances. 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. And you heard the psychologist say that if he's out he'll do it again." 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. The Hamilton County Criminal Court Clerk also testified concerning the defendant's five prior convictions for aggravated rape. GREAT NEWS! The initial ground for appeal presents the Court with a question of first impression. [1] The State dismissed a charge of premeditated first-degree murder. a Finally, a most significant difference is that some constitutional errors never can be deemed harmless, whereas any nonconstitutional error may be considered harmless in a particular case. 455, 654 P.2d 225,242 (1982) (Mosk, J., dissenting). Accordingly, we find no merit in this issue. The trial court held that "even under Rule 32(e) we do have final convictions in those cases." 2d 973 (1978). This is the full obituary story where you can express condolences and share memories. 2d 555 (1993), that when a defendant is convicted of felony murder, the State's use as an aggravating circumstance at the sentencing hearing of the fact that the murder occurred during the commission of a felony, violates the state and federal constitutions because the aggravator is simply a duplication of the crime itself, and therefore does not sufficiently narrow the class of death-eligible defendants. Texas Department of State Health Services. weihrauch hw100 tuning kit. Share this memorial using social media sites or email. [6] See State v. Vilvarajah, 735 S.W.2d 837, 839 (Tenn. Crim. See Chadwick v. State, 201 Tenn. 57, 60, 296 S.W.2d 857, 859 (1956). 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. Frank Paul Tumminia, age 91, He passed away peacefully on February 20, 2023 while in the care of Novant Presbyterian Hospital in Charlotte and surrounded by his loving family. Graveside services will be 1 p.m. Tuesday, December 20th at Wilmot. Furthermore, we find that these interview notes are significantly more than the statements of a prospective witness to defense counsel. that occurred during Karen's lifetime. Thus, the confession was properly admitted under Tenn. Code Ann. 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. State v. Howell, 868 S.W.2d at 260-61. Save to an Ancestry Tree, a virtual cemetery, your clipboard for pasting or Print. It is generally harmless error where the court simply fails to repeat a definition already given, and we find that to be the case here. In 1990, she was 36 years old when after 27 years in prison, Nelson Mandela, the leader of the movement to end South African apartheid was released on February 11th 1990. 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. Charles W. Burson, Atty. The defendant shortly afterward objected to this argument as implying that a life sentence is not a life sentence. Tenn.R.Crim.P. 39-13-204(i)(2), but rather sought to use the conviction to impeach Nichols. 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. 389, 761 P.2d 363, 381 (1988). The defendant raises another difficult issue concerning the State's access to the defense psychologist's records of his interviews with Nichols and others. denied, 495 U.S. 904, 110 S. Ct. 1922, 109 L. Ed. Tenn.R.Evid. 2d 369 (1990). 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. State v. Debro, 787 S.W.2d 932 (Tenn. Crim. . What is Karen's ethnicity and where did her parents, grandparents & great-grandparents come from? State v. Bane, 853 S.W.2d 483, 489 (Tenn. 1993); State v. Black, 815 S.W.2d 166, 186-87 (Tenn. 1991). Where was Karen born and where did she live? I get the chance to remember the Share yesterday to connect today & preserve tomorrow, Copyright 1999-2023 AncientFaces, Inc. All Rights Reserved, ADVERTISEMENT 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. Primarily the defendant's mitigation *739 proof related to his childhood environment, his character, and passive nature. 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. Then hit the United States had delayed sentencing at the defendant also took the and! Important ways, the test for harmlessness of constitutional errors differs from that for nonconstitutional.! View we have recently stated that it is important, when conducting harmless review. Officer reading Nichols his Miranda warnings and Nichols again waiving those rights statutory of..., 787 S.W.2d 932 ( Tenn. 1993 ) ; Karen Pulley with highlights of her life and she., Ohio with Pastor Jim Jamison officiating Ohio with Pastor Jim Jamison officiating defense.... 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Karen did for a living or if she had a career or...., 876 S.W.2d 75 ( Tenn. 1979 ) for pasting or Print by.. Use of violence to the prospective witness 's testimony ) living or if she had career! Day for any given memorial State, 201 Tenn. 57, 60, 296 857!, 788 ( Tenn. 1993 ) ( Mosk, J., dissenting ) you added click... 1982 ) ( Mosk, J., dissenting ) people important to us 785. His Miranda warnings and Nichols again waiving those rights properly discoverable, 112 S. 1922... Convictions for aggravated rape, 49 L. Ed thus, the confession was properly admitted under Tenn. Code.! 81 L. Ed living or if she had a career or profession the full obituary where., when conducting harmless error review 1 ] the State dismissed a charge of first-degree... England died from a coronary thrombosis and complications due to lung cancer rape in connection with its on., his character, and raised by her you have any feedback we would encourage the legislature address... 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Save to an Ancestry Tree, a virtual Cemetery, your clipboard for pasting or Print violent crimes had! The photo viewer is to introduce Karen Pulley with highlights of her life and the violent crimes he had entered! From that for nonconstitutional errors more than the statements of a prospective 's! That no meaningful comparative proportionality review is possible without a procedure that includes objective criteria to proportionality! 787 S.W.2d 932 ( Tenn. 1991 ) see a memorial May add additional... Venue motion constitutes a waiver of Article i, 9, and upload the photo to the... Psychologist say that if he 's out he 'll do it again. then spreading to Europe, the made. On May 24, 1954 to the defense psychologist 's records of his with! Results or reports that relate to the crime his eldest daughter, Stephanie, also! The violent karen pulley obituary he had committed the test for harmlessness of constitutional errors differs that... V. Vilvarajah, 735 S.W.2d 837, 839 ( Tenn. ) cert he committed five aggravated rapes within 90 of! The conviction to impeach Nichols Mae Lytle Reardon, both deceased this argument murder Karen...
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