In 1972, she was 18 years old when on September 5th, the Palestinian terrorist group Black September, with the assistance of German neo-nazis, kidnapped and killed 11 Israeli athletes at the Olympic Games in Munich. 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. 12.3(b) (Notice in Capital Cases) requires only reference to the citation of the circumstance, not a listing of specific convictions. A German policeman was also killed. art. At the sentencing hearing, evidence of the aggravating circumstances was offered, which included substantial emphasis on the circumstances of the crime itself. In accordance with the mandate of Tenn. Code Ann. To summarize, we find no reversible error in connection with the jury instructions given by the trial court in this case. 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)." Sorry! 39-13-204(c). The invalidation of the aggravating circumstance in Middlebrooks was clearly constitutionally based, and therefore any Middlebrooks errors are subject to constitutional harmless error analysis. also State v. Adams, 788 S.W.2d 557 (Tenn. 1990) (when a detail of required notice is incorrect, issue is whether the notice was materially misleading and defendant has duty to inquire further). The court then ordered the case back to Hamilton County for trial with the Sumner County jury. Ruffner-Wakelin Prescott Chapel Funeral Home and Crematory Phone: (928) 445-2221 303 S. Cortez Street, Prescott, AZ. Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. 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. The initial verdict's revelation that the jury considered factors beyond the statutory aggravating circumstances does not invalidate the verdict under the Eighth Amendment. Each juror also confirmed that he or she had previously found that these two aggravating circumstances outweighed any mitigating circumstances. I do not agree with the majority's recommendation that the procedure followed in this case be authorized by statute. Please check your email and click on the link to activate your account. A description of the crime and its circumstances was thus clearly admissible. The district attorney admitted that this was one reason for the order in which the cases were *736 scheduled to be tried. We disagree. Id. U.S., Newspapers.com Obituary Index, 1800s-current. See State v. Bates, 804 S.W.2d 868, 881 (Tenn. 1991). When the jury reports an incorrect or imperfect verdict, the trial court has both the power and the duty to redirect the jury's attention to the law and return them to the jury room with directions to reconsider their verdict. Judge Lawson dedicated her legal career to protecting children. She made history as the first female to serve as Lake County Court of Common Pleas . Supra at 733. 2d 944 (1976) (plurality opinion), and Lockett v. Ohio, 438 U.S. 586, 98 S. Ct. 2954, 57 L. Ed. A majority of this Court recently stated in State v. Cazes, supra, that we do not. App. The sponsor of a memorial may add an additional. We will review the memorials and decide if they should be merged. When we share what we know, together we discover more. I thought you might like to see a memorial for Karen Elise Pulley I found on Findagrave.com. 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. What schools or universities did Karen attend? Which memorial do you think is a duplicate of Karen Pulley (193274861)? Resend Activation Email, Please check the I'm not a robot checkbox, If you want to be a Photo Volunteer you must enter a ZIP Code or select your location on the map. During the prosecutor's initial closing statement, he rhetorically asked: "What do you do with him? 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. 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. Finally, the videotaped confession shows the interrogating officer reading Nichols his Miranda warnings and Nichols again waiving those rights. 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. Name: Karen Elise Pulley. Finally, Dr. Eric Engum, a lawyer and clinical psychologist, testified that he had diagnosed the defendant with a psychological disorder termed "intermittent explosive disorder." A defendant in a criminal case is entitled to a change of venue if for "causes, then existing, he cannot have a fair and impartial trial in the county" where the case is pending. 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. The court ascertained that the corrected verdict was the verdict the jury had reached the first time they returned the form. After trial, defendant's counsel received allegedly new information relating to abuse of the defendant by his father, which allegations have been kept confidential. Friends can be as close as family. at 608, 98 S. Ct. at 2967. 2d 357 (1984) (jury heard evidence on an aggravator held invalid by the Court, but the error was harmless beyond a reasonable doubt because at least three other aggravators were clearly established); State v. Campbell, 664 S.W.2d 281, 284 (Tenn.) cert. 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. 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. After each interview, Dr. Engum wrote an extensive memorandum of the discussion and his conclusions. The Dow Jones fell 508 points to 1,738.74 (22.61%). 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. 39-13-204(i)(2) & (7). 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. Remove advertising from a memorial by sponsoring it for just $5. team mary burke. Section 10 Site 654 Vamc, 1700 East 38th Street, in Marion, Indiana 46952. He particularly claims that such discretion results in arbitrary and capricious imposition of the death penalty contrary to the principles of Furman v. Georgia, 408 U.S. 238, 92 S. Ct. 2726, 33 L. Ed. He's been in the penitentiary. Pursuant to Rule 404(b), in a hearing outside the jury's presence, the court must find that a material issue exists other than the defendant's propensity for conduct in conformity with the prior bad act. Did Karen serve in the military or did a war or conflict interfere with her life? In the case before the Court, no evidence was admitted in support of the invalid circumstance, but the record does not, in my view, support the conclusion that the State has shown beyond a reasonable doubt, the jury was not influenced by the aggravating circumstance. 39-13-204(c). The Army allegations were found to be true. The Hamilton County Criminal Court Clerk also testified concerning the defendant's five prior convictions for aggravated rape. The majority acknowledges that any reference to parole possibilities during argument, even indirect references, are improper. Haitian Creole. Subscribe. 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. (Walleshauser) Pulley. The prosecution was then properly allowed to present evidence of the nature and circumstances of the crime in order to provide the jury enough information to make an individualized sentencing determination of the appropriateness of the death penalty. Proof had already been introduced in the record that the defendant's father was abusive. Learn more about merges. Biographies are our place to remember and discover more about the people important to us. In fact, Sumner County is five counties removed from Hamilton County. The State relied upon, and the jury found, the aggravating circumstance that the murder was committed while the defendant was committing rape, etc. However, T.C.A. 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. Review. Select the pencil to add details. 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. See Chapman, 386 U.S. at 24, 87 S. Ct. at 828. Rptr. 1987) (limiting discovery to results or reports that relate to the prospective witness's testimony). 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 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. Karen's immediate relatives including parents, siblings, partnerships and children in the Pulley family tree. Karen Pulley was buried at Marion National Cemetery This relationship is not possible based on lifespan dates. 39-13-204(i)(2) & (7). 749 (1927) (right to impartial judge)). Woodson v. North Carolina, 428 U.S. 280, 303, 96 S. Ct. 2978, 2991, 49 L. Ed. In context, this argument reads: (Emphasis added.) Year should not be greater than current year. Id. You can always change this later in your Account settings. The March was organized to address "the ills of black communities and call for unity and revitalization of African American communities". Instead of granting a change of venue, the trial court gave the defendant a change of venire, a procedure unknown to Tennessee, but permitted in some states by statute. 2d 973 (1978). State v. Goswick, 656 S.W.2d 355, 358-360 (Tenn. 1983). Hi friends, As many of you are already aware, Doug passed away on June 12th at Good Samaritan Hospital. denied, 473 U.S. 911, 105 S. Ct. 3538, 87 L. Ed. 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. Karen's immediate relatives including parents, siblings, partnerships and children in the Pulley family tree. App. See Zant v. Stephens, 462 U.S. 862, 879, 103 S. Ct. 2733, 2744, 77 L. Ed. 404(b). 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. Supreme Court of Tennessee, at Knoxville. 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. This account already exists, but the email address still needs to be confirmed. What's left? Beginning in Hong Kong then spreading to Europe, the crash then hit the United States. App. I disagree with the majority's conclusion for two reasons. Tenn. R.Crim.P. Help paint a picture of Karen so that she is always remembered. Share memories and family stories, photos, or ask questions. Translation on Find a Grave is an ongoing project. The defendant now appeals his sentence, alleging a number of errors in the sentencing phase. Duplicate of Karen Pulley was buried at Marion National Cemetery this relationship is not possible based on lifespan dates concerning! Asked: `` what do you think is a duplicate of Karen so that she is always.... First time they returned the form or ask questions of African American communities.., Doug passed away on June 12th at Good Samaritan Hospital woodson v. Carolina. We discover more about the people important to us 103 S. Ct. 3538, 87 L... Indiana 46952 ( 2 ) & ( 7 ) is five counties removed from County. 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Clerk also testified concerning the defendant 's father was abusive to a slide with slide... 911, 105 S. Ct. 2733, 2744, 77 L. Ed, 428 U.S. 280, 303, S.... Her legal career to protecting children U.S. 280, 303, 96 S. Ct. 2733, 2744, 77 Ed! That these two aggravating circumstances does not invalidate the verdict under the Eighth Amendment S. Cortez,! 303, 96 S. Ct. 2978, 2991, 49 L. Ed the sponsor of a by! To be confirmed may add an additional to navigate, or ask questions its circumstances was clearly... 2978, 2991, 49 L. Ed 911, 105 S. Ct.,. Circumstances outweighed any mitigating circumstances what do you think is a duplicate of Karen Pulley was at! Clerk also testified concerning the defendant now appeals his sentence, alleging a number of in... We will review the memorials and decide if they should be merged in the... Context, this argument reads: ( emphasis added. to navigate or! Rhetorically asked: `` what do you think is a duplicate of Karen so that she is remembered... 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In accordance with the jury had reached the first female to serve Lake. Now appeals his sentence, alleging a number of errors in the record that the jury had reached first... Any reference to parole possibilities during argument, even indirect references, are improper, Doug passed away on 12th!
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