Lynn is preceded in death by his parents and siblings, Wendell Pulley and Robert Pulley. Toggle navigation. Accordingly, we affirm the jury's sentence of death. at 732-733 (Reid, C.J., concurring). 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 . The evidence regarding the character of the defendant is not conclusive. During rebuttal, the prosecutor remarked, "[The defendant's lawyer] says, `Prison is hell. While not every error occurring in a capital sentencing hearing is of constitutional dimension, the line between constitutional and nonconstitutional error is often blurred due to the Eighth Amendment requirement for a heightened need for reliability. 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. The trial judge was, at the same time, commendably concerned that, if the trial were held in a distant county, the defendant's family and others would be prevented from attending. The Court held that, when those definitions of reasonable doubt accompany an instruction that conviction is appropriate upon the jury's "moral certainty" of guilt, then a jury might impermissibly convict on less proof than required under the due process clause. According to him, the defendant would function normally in an institutional regimented setting but, if released, would repeat the violent behavior. When evidence is introduced into the sentencing calculation that potentially undermines the Eighth Amendment reliability requirement, constitutional harmless error analysis should be employed. Dr. Engum opined that the defendant's condition may have grown out of his anger at abandonment in childhood but conceded that the disorder was rare. To obtain a new trial on the basis of newly discovered evidence, the defendant must establish (1) reasonable diligence in seeking the newly discovered evidence; (2) materiality of the evidence; and (3) that the evidence will likely change the result of the trial. Friends can be as close as family. The defendant argues that none of the five prior convictions for aggravated rape could be used to prove aggravating circumstance (i)(2) because they were not "final" under Tenn.R.Crim.P. Cf. 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. State v. Patton, 593 S.W.2d 913, 917 (Tenn. 1979). We have recently stated that it is important, when conducting harmless error review. State v. Mounce, 859 S.W.2d 319, 322 (Tenn. 1993); Meade v. State, 530 S.W.2d 784, 787 (Tenn. Crim. Dr. Eric Engum, hired by the defendant's counsel to evaluate Wayne Nichols, tested Nichols and interviewed him, his wife, his father, and his minister. "[5] There can be little doubt that early Americans valued highly the right to be tried by local jurors in the place where the crime occurred. (Butch) Pulley (Karen), Lavaca, Arkansas, Pam Mathis (Joe), Wyandotte, Oklahoma, Pat Pulley (Charlotte), Miami, Oklahoma, Roberta (Bobbie) Frye (George), Berryville . 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. Are you sure that you want to remove this flower? California v. Ramos, 463 U.S. 992, 1005, 103 S. Ct. 3446, 3456, 77 L. Ed. 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." Photos, memories, family stories & discoveries are unique to you, and only you can control. He was married in 1986. 455, 654 P.2d 225,242 (1982) (Mosk, J., dissenting). In addition, expert proof from Dr. Engum was offered to show that the defendant was suffering from a rare condition called intermittent explosive disorder. During the prosecutor's initial closing statement, he rhetorically asked: "What do you do with him? See Chapman, 386 U.S. at 24, 87 S. Ct. at 828. A majority of this Court recently stated in State v. Cazes, supra, that we do not. Sponsored by Ancestry. The court ascertained that the corrected verdict was the verdict the jury had reached the first time they returned the form. The initial ground for appeal presents the Court with a question of first impression. 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." Tyler Austin Pulley. Refresh this page to see various historical events that occurred during Karen's lifetime. We find no error in this regard. Which memorial do you think is a duplicate of Karen Pulley (193274861)? Drag images here or select from your computer for Karen Elise Pulley memorial. Moreover, the prosecutor's mention of the defendant's previous parole in response to defense counsel's "prison is hell" argument certainly suggests that death would be the only appropriate sentence given the possibility of parole. 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. Get free summaries of new Tennessee Supreme Court opinions delivered to your inbox! Each juror also confirmed that he or she had previously found that these two aggravating circumstances outweighed any mitigating circumstances. 803(22) states that judgments of previous felony convictions are not excluded by the hearsay rule. Pulley family member is 70. Who is Karen Pulley to you? AncientFaces is a place where our memories live. 3d 932, 187 Cal. 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. See e.g. Failed to report flower. 16(b)(1)(B) are as follows: On the other hand, the rule precludes discovery of "reports, memoranda, or other internal defense documents made by the defendant, or his attorneys or agents or of statements made by defense witnesses to the defendant, his agents or attorneys." App. 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 Found more than one record for entered Email, You need to confirm this account before you can sign in. This instruction clearly implies that no aggravating circumstances can be presumed. 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. 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. Welcome to AncientFaces, a com "Thank you for helping me find my family & friends again so many years after I lost them. at 744. In context, this argument reads: (Emphasis added.) 2d 367 (1992); State v. Howell, 868 S.W.2d at 262. Translation on Find a Grave is an ongoing project. 2d 799 (1963) (right to counsel); Tumey v. State of Ohio, 273 U.S. 510, 47 *742 S. Ct. 437, 71 L. Ed. 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). When you share, or just show that you care, the heart 1975); Jenkins v. State, 509 S.W.2d 240, 248 (Tenn. Crim. The Biography piece is collaborative, where we work together to present the facts. Karen Elise Pulley. However, even though the Court in Middlebrooks was unable to conclude that the use of the invalid aggravating circumstance was harmless error, 840 S.W.2d at 347, the Court began in Howell a harmless error analysis based on an examination of the number and weight of remaining aggravating circumstances, the jury instructions, the prosecutor's argument, the evidence admitted to establish the invalid aggravator, and the nature and quality of mitigating evidence. Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. Nichols also challenges the trial court for failing to instruct the jury that there is a presumption of "no aggravating circumstances" in sentencing, similar to the presumption of innocence at the guilt phase of the trial. Primarily the defendant's mitigation *739 proof related to his childhood environment, his character, and passive nature. You are only allowed to leave one flower per day for any given memorial. Even under the Howell analysis, the admission of the invalid circumstance was not harmless error. Include gps location with grave photos where possible. 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." Therefore, his reports are not the undiscoverable work product of an agent or attorney of the defendant. The trial court did not instruct the statutory definition of rape in connection with its charge on this aggravating circumstance. Later, in Sochor v. Florida, ___ U.S. ___, 112 S. Ct. 2114, 119 L. Ed. Dykes v. State, 201 Tenn. 65, 296 S.W.2d 861, 862 (1956). Photos larger than 8Mb will be reduced. Her 17 year old daughter, Stephanie, was also in the car and suffered serious injuries but recovered. To use this feature, use a newer browser. v. 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. Services by OSU HEALTH SCIENCE. Karen Sue Pulley lived and you'll be alerted when others do the same. She is also survived by numerous extended family members and friends. Karen Elise Pulley. 39-2-203(i)(5) (1982). Our Tennessee Constitution obviously reflects similar concerns and values. The State introduced evidence concerning the nature and circumstance of the crime, which included the defendant's videotaped confession, testimony from the medical examiner about the nature and extent of the victim's injuries and the cause of her death, and testimony from the detective who had questioned the defendant on the videotaped interview. In its opening argument, the State emphasized that it was the jury's duty to make the sentencing decision in this case. See Chadwick v. State, 201 Tenn. 57, 60, 296 S.W.2d 857, 859 (1956). 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)(7). View Karen Lee (Ellis) Blaney's obituary, contribute to their memorial, see their funeral service details, and more. View the profiles of professionals named "Karen Pulley" on LinkedIn. There are 20+ professionals named "Karen Pulley", who use LinkedIn to exchange information, ideas, and opportunities. We agree that this alleged evidence, even if it could be produced as represented, would not change the results of the trial. [1] The State dismissed a charge of premeditated first-degree murder. 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. Moreover, an "individualized [sentencing] determination" based on the defendant's character and the circumstances of the crime is constitutionally required. See Tenn. Code Ann. He committed five aggravated rapes within 90 days of his rape and murder of Karen Pulley and in three instances was armed with weapons. 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. 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). 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. A system error has occurred. The modus operandi of the convictions was similar to the felony resulting in Pulley's murder. Failed to delete memorial. She was the youngest of three children. Tenn. Code Ann. Make sure that the file is a photo. 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. 803(b) (Records of Regularly Conducted Activity) or 893(8) (Public Records and Reports). Where was Karen born and where did she live? 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. As to the first issue, the taped confession was highly relevant to sentencing because it fully described the "nature and circumstances of the crime." If, upon the application of the accused, the court finds that the accused cannot have a fair and impartial trial in the county where the charge is pending, T.C.A. Earlier, however, in connection with its instruction on felony murder, it had instructed the jury on the elements of aggravated rape. That is particularly true of the aggravating circumstance remaining in this case. 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). You already receive all suggested Justia Opinion Summary Newsletters. Search above to list available cemeteries. An estimated 850,000 people attended. In fact, Sumner County is five counties removed from Hamilton County. Oops, some error occurred while uploading your photo(s). When 2 or more people share their unique perspectives, 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. 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 725 (1990), that the federal constitution is not violated by an appellate court's harmless error analysis when errors occur in a capital sentencing hearing, even when the error involved is the unconstitutional submission of an aggravating circumstance to the jury. Order on Petition for Rehearing June 20, 1994. He was born on August 6th,. She was surrounded by family and friends whose love and support meant so much to her throughout her life and in her final hours. 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. These circumstances cast grave doubt on the jury's decision. McCleskey v. Kemp, 481 U.S. 279, 299, 107 S. Ct. 1756, 1769, 95 L. Ed. Subscribe to Obituaries (888) 688-8475. [10] Debro and Adams are decisions under Tenn. Code Ann. denied, ___ U.S. ___, 112 S. Ct. 131, 116 L. Ed. The problem is complicated by Dr. Engum's apparent dual role in this case. 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 preceded in death by his father, Willard Claude Pulley. We encourage your input. 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. The first is that no meaningful proportionality review was done in this case. Becoming a Find a Grave member is fast, easy and FREE. Learn more about managing a memorial . 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. It was called Black Monday. 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). Tennessee courts have applied the Chapman constitutional harmless error analysis to both state and federal constitutional errors. Your Scrapbook is currently empty. 2d 369 (1990). The majority acknowledges that any reference to parole possibilities during argument, even indirect references, are improper. [7] We disagree. The argument was a comment upon the possibility of parole and was reversible error. 5 birth records, View The court instructed the jury that it must find proof "beyond a reasonable doubt" and be convinced to a "moral certainty" of the existence of the aggravating circumstances and of the fact that they outweighed the mitigating circumstances. An examination of the State's argument also reveals that no great emphasis was placed on the fact that the murder occurred during the course of a felony. 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. The court denied the defendant's request to recharge mitigating circumstances as well. Hi friends, As many of you are already aware, Doug passed away on June 12th at Good Samaritan Hospital. Add Karen's family friends, and her friends from childhood through adulthood. Second, the reviewing court must be persuaded "beyond a reasonable doubt" that the error did not affect the trial outcome in order to deem the error harmless a stricter standard of persuasion than for nonconstitutional error. Your account has been locked for 30 minutes due to too many failed sign in attempts. U.S. Const. Middlebrooks was a significant decision in the evaluation of constitutional principles applicable to the sentence of death. Also, the trial court did poll the foreperson as to her finding on the weighing of mitigating factors. 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. The jury was instructed to decide whether the aggravating circumstances were supported by the evidence, and whether they outweighed the mitigating evidence. (Emphasis added.) This question was asked each juror. Atty. how to skew text in premiere pro; 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. Easy and free of new Tennessee Supreme court opinions delivered to your!... The modus operandi of the aggravating circumstance during argument, the defendant is not conclusive references, are.... Is preceded in death by his father, Willard Claude Pulley to present the facts particularly! Of aggravated rape Cazes, supra, that we do not role in case... Both State and federal constitutional errors Chapman, 386 U.S. at 24 87... U.S. 279, 299, 107 S. Ct. 3446, 3456, 77 L..! Tenn. 57, 60, 296 S.W.2d 857, 859 ( 1956 ) State 201. Him, the admission of the convictions was similar to the felony in! 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Can be presumed 225,242 ( 1982 ) ( 1982 ) ( Records of Regularly Conducted Activity ) or (. And passive nature proportionality review was done in this case repeat the violent.! Results of the trial, 386 U.S. at 24, 87 S. Ct. at 828 previous buttons navigate! The problem is complicated by Dr. Engum 's apparent dual role in this case of constitutional principles applicable the... This aggravating circumstance remaining in this case passive nature all suggested Justia Opinion Summary Newsletters, State. To a slide with the slide dots as well jury on the elements aggravated., however, in Sochor v. Florida, ___ U.S. ___, 112 S. Ct.,... Even if it could be produced as represented, would repeat the violent behavior judgments of previous felony are!