at 23, 87 S. Ct. at 827 (citing e.g., Gideon v. Wainwright, 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. The district attorney admitted that this was one reason for the order in which the cases were *736 scheduled to be tried. Jill was born on April 17, 1987, in Amherst, N.Y., to David C. Pulley. 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. 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. That provision of the state constitution grants a criminal defendant the right to trial by "an impartial jury of the County in which the crime shall have been committed." The jury found that the aggravating circumstances outweighed the mitigating circumstances beyond a reasonable doubt and sentenced the defendant to death. Lynn is preceded in death by his parents and siblings, Wendell Pulley and Robert Pulley. The relevant reciprocal discovery provisions of Tenn.R.Crim.P. We share yesterday, to build meaningful connections today, and preserve for tomorrow. This remark was pointless except as an attempt to tell the jury that the possibility of release was a real danger in this case. The constitutional concern with the locality of trial has its origins in colonial history. 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. european matrix test answers. 749 (1927) (right to impartial judge)). denied, 473 U.S. 911, 105 S. Ct. 3538, 87 L. Ed. Thanks for using Find a Grave, if you have any feedback we would love to hear from you. denied, 467 U.S. 1210, 104 S. Ct. 2400, 81 L. Ed. 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. Record information. 419 (1913). 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 . Select the next to any field to update. AncientFaces is a place where our memories live. 39-13-204(c). RAYMOND PULLEY OBITUARY Raymond Joseph Pulley, Jr. born on January 30, 1955 to Joyce Schasa Pulley and the late Raymond Joseph Pulley, Sr, entered into eternal life on September 29, 2015.. See What AncientFaces Does to discover more about the community. 2 Timothy 4:6-8. Finally, Dr. Eric Engum, a lawyer and clinical psychologist, testified that he had diagnosed the defendant with a psychological disorder termed "intermittent explosive disorder." 2d 1171 (1983); Barclay v. Florida, 463 U.S. 939, 948, 103 S. Ct. 3418, 3424, 77 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. 12.3 of the conviction of aggravated rape (anal rape) as an aggravating circumstance. When considered in conjunction with an instruction that "[r]easonable doubt is that doubt engendered by an investigation of all the proof in the case and an inability, after such investigation, to let the mind rest easily upon the certainty of your verdict," we find that the instruction properly reflects the evidentiary certainty required by the "due process" clause of the federal constitution and the "law of the land" provision in our state constitution. team mary burke. 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). Thus, the court's instruction under Tenn. Code Ann. (Walleshauser) Pulley. All photos uploaded successfully, click on the Done button to see the photos in the gallery. 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. Lynn & Karen L Pulley - 20629 Joel St, Santa Clarita, Ca 91350 20629 Joel St, Santa Clarita, CA Home California Santa Clarita 20629 Joel St Details Property Description 20629 Joel St is a parcel of land located in Santa Clarita, California and has a legal description provided by the local assessor of LAX:2809031004. After the rape, the defendant, while still struggling with the victim, struck her again several times with great force in the head with the two-by-four. This contention is without merit. Karen S Pulley of Texas was born c. 1949. Stringer v. Black, ___ U.S. ___, ___, 112 S. Ct. 1130, 1137, 117 L. Ed. See Chapman v. California, 386 U.S. 18, 87 S. Ct. 824, 17 L. Ed. 39-13-204(i)(7). We are constantly trying to improve our data and make the search for obituaries as easy as possible. As manager of this memorial you can add or update the memorial using the Edit button below. Technically, the material defendant complains of here was surplusage under the rule. 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 Pulley is organizing this fundraiser. The initial verdict's revelation that the jury considered factors beyond the statutory aggravating circumstances does not invalidate the verdict under the Eighth Amendment. 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. KAREN PULLEY OBITUARY Pulley, Karen Kelly, was born February 21st, 1947 in Durango, CO. She spent her childhood in Long Beach, CA. The majority acknowledges that any reference to parole possibilities during argument, even indirect references, are improper. After carefully considering the entire record, and the factors discussed above, we have determined, beyond a reasonable doubt, that the sentence would have been the same had the jury given no weight to the invalid felony-murder aggravating circumstance. Furthermore, we find that these interview notes are significantly more than the statements of a prospective witness to defense counsel. We have recently stated that it is important, when conducting harmless error review. Change of venue can be accomplished in Tennessee only by following the statutory procedure. Id. In accordance with the mandate of Tenn. Code Ann. The trial court granted the motion and moved the trial to Sumner County, some 125 miles away, but only for the limited purpose of selecting an unbiased jury. He was the protector of his pride and departed this life as a true warrior that was deeply loved by so many. denied, ___ U.S. ___, 114 S. Ct. 561, 126 L. Ed. There was an error deleting this problem. The email does not appear to be a valid email address. 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. These circumstances cast grave doubt on the jury's decision. Tenn.R.Evid. 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. As to the first issue, the taped confession was highly relevant to sentencing because it fully described the "nature and circumstances of the crime." Friends can be as close as family. I get the chance to remember the Share yesterday to connect today & preserve tomorrow, Copyright 1999-2023 AncientFaces, Inc. All Rights Reserved, ADVERTISEMENT A viewing will be held on Thursday evening, February 16th, 2023, from 6:00 to 8:00 p.m. at the Anderson and Sons Mortuary, 49 East 100 North, American Fork, and from 9:45 to 10:45 a.m. on Friday, February 17th at the American Fork 29th Ward, 455 East 300 . 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. The trial reconvened in Hamilton County on May 9, 1990. Born September 7, 1932, in Laurens, he was a son of the late Joseph Washington and Mary Alice Best Pulley and his late step-mother, Ruby R. Tumbling Pulley. 39-13-204(i)(2) & (7). In State v. Howell, 868 S.W.2d 238 (Tenn. 1993), use of felony murder as an aggravating circumstance was found to be invalid pursuant to the Middlebrooks decision. We have performed a thorough and searching proportionality review and conclude the sentence is not excessive or disproportionate. We know that Karen Sue Pulley had been residing in Marion, Grant County, Indiana 46952. 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. The death penalty verdict form cited the four aggravating circumstances as follows: The trial judge sent the jury out to deliberate a second time, and only then did it insert the statutory language supporting the prior conviction aggravating circumstance onto the death penalty verdict form. ." Rptr. Edit your search or learn more, Year start date must be less than year end date, 26 Feb 1857 Indiana, United States of America, 3 Mar 1879 Indiana, United States of America, U.S., Newspapers.com Obituary Index, 1800s-current, England & Wales, Civil Registration Death Index, 1916-2007, Web: Grant County, Indiana, U.S., Marion Public Library Death Index, 1812-2015, U.S., Cemetery and Funeral Home Collection, 1847-Current, U.S., Social Security Death Index, 1935-2014, England & Wales, Civil Registration Death Index, 1837-1915, Indiana, U.S., Death Certificates, 1899-2017, England, Select Deaths and Burials, 1538-1991, Web: Obituary Daily Times Index, 1995-2016, U.S., Department of Veterans Affairs BIRLS Death File, 1850-2010, Ohio, U.S., Death Records, 1908-1932, 1938-2018, Do not sell or share my personal information. Thus, the material defendant complains of here was surplusage under the Eighth Amendment of release was a danger... 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