He was seemingly both an expert psychological witness and a member of the defense team who helped to form strategy and evaluate witnesses. Karen Pulley is organizing this fundraiser. Based on the same analysis, I would find that the evidence does not support the verdict that beyond a reasonable doubt the aggravating circumstance does not outweigh the mitigating circumstances. State v. Middlebrooks, 840 S.W.2d at 347; State v. Cook, 816 S.W.2d 322, 326 (Tenn. 1991). You may not upload any more photos to this memorial, This photo was not uploaded because this memorial already has 20 photos, This photo was not uploaded because you have already uploaded 5 photos to this memorial, This photo was not uploaded because this memorial already has 30 photos, This photo was not uploaded because you have already uploaded 15 photos to this memorial. 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. [1] The State dismissed a charge of premeditated first-degree murder. The average age of Sorry! The jury retired again and returned fifteen minutes later with an amended verdict form on which it had crossed out the erroneous material and listed the two statutory aggravating circumstances. 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. We find no error in this regard. 2d 235 (1983). 2d 286 (1990). We pray for strength and peace for you, your family and all affected by the passing of your sister. 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. In 1982, 55-year-old Pulley became the "first black person to be named head of a maximum security prison in California" when he was appointed as warden at San Quentin, according to news reports at the time. What is Karen's ethnicity and where did her parents, grandparents & great-grandparents come from? 2d 973 (1978). L.Rev. Add Karen's birthday or the date she died to see a list of historic events Spanish. The prosecutor then argued that one of punishment's purposes is to "remove the individual from society so that another woman won't be raped again, another woman won't be murdered again." Please ensure you have given Find a Grave permission to access your location in your browser settings. What's left? 2d 1145, 1153-1154 (Fla. 1981) (an adjudication of guilt is not necessary for "conviction" under Florida's similar aggravating circumstance). This question was asked each juror. See State v. Wright, 756 S.W.2d 669, 675 (Tenn. 1988); State v. Carter, 714 S.W.2d 241, 250 (Tenn. 1986); State v. Laney, 654 S.W.2d 383, 388-389 (Tenn. 1983); compare State v. Hines, supra. or don't show this againI am good at figuring things out. To get better results, add more information such as Birth Info, Death Info and Locationeven a guess will help. He's been in the penitentiary. Please reset your password. 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. 1988). 749 (1927) (right to impartial judge)). Thereafter, he violated parole and served an additional nine months. 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. . llah Marie was born on July 27, 1935 in Weatherby, MO to Graham & Ona (Kerns) Rice. The jury was instructed to decide whether the aggravating circumstances were supported by the evidence, and whether they outweighed the mitigating evidence. 2d 339 (1990), the United States Supreme Court held unconstitutional an instruction equating reasonable doubt with "grave uncertainty" or "actual substantial doubt." State v. Patton, 593 S.W.2d 913, 917 (Tenn. 1979). Justice O'Connor, concurring, observed that: Id., ___ U.S. at ___, 112 S. Ct. at 2123 (O'Connor, J., concurring). weihrauch hw100 tuning kit. So it is in this case. Source(s): Share memories and family stories, photos, or ask questions. 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. 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. Section 10 Site 654 Vamc, 1700 East 38th Street, in Marion. Woodson v. North Carolina, 428 U.S. 280, 303, 96 S. Ct. 2978, 2991, 49 L. Ed. I get the chance to remember the Share yesterday to connect today & preserve tomorrow, Copyright 1999-2023 AncientFaces, Inc. All Rights Reserved, ADVERTISEMENT european matrix test answers. Add Karen's family friends, and her friends from childhood through adulthood. 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. She is preceded in death by her parents; brother, G. Stanley Rice; sister-in-law, Norabell Pulley-Stafford & Betty Wiedmaier-Pulley; nephew, Kevin Stafford; several aunts, uncles, & cousins. 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. we begin to Show & Tell who they were during particular moments in their lives. Consequently, despite the finding that the defendant was entitled to a change of venue, he was not in fact granted a change of venue. What schools or universities did Karen attend? The state did not list this prior conviction as an aggravating circumstance pursuant to Tenn. Code Ann. The comparative proportionality review mandated by statute requires more of this Court than its general impressions of what sentences have been imposed in similar cases. In context, it appears as follows: The second statement occurred during the State's rebuttal. The defendant, however, had pled guilty to Indictment 175433, aggravated rape [anal rape] of the same victim on the same day, October 24, 1989. U.S., Newspapers.com Obituary Index, 1800s-current. 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. at 828); see also State v. Cauthern, 778 S.W.2d 39, 47 n. 1 (1989), cert. Tennessee courts have applied the Chapman constitutional harmless error analysis to both state and federal constitutional errors. (Butch) Pulley (Karen), Lavaca, Arkansas, Pam Mathis (Joe), Wyandotte, Oklahoma, Pat Pulley (Charlotte), Miami, Oklahoma, Roberta (Bobbie) Frye (George), Berryville . That is particularly true of the aggravating circumstance remaining in this case. This statutory procedure was not followed in this case. ." Becoming a Find a Grave member is fast, easy and FREE. 389, 761 P.2d 363, 381 (1988). Get free summaries of new Tennessee Supreme Court opinions delivered to your inbox! 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. The State's closing argument emphasized the felony murder aggravating circumstance at least as much as the aggravating *744 circumstance of prior convictions. Failed to delete memorial. Karen A. Gronka Obituary. The court then ordered the case back to Hamilton County for trial with the Sumner County jury. 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. When 2 or more people share their unique perspectives, There was no showing that Sumner County was the "nearest adjoining county" in which an impartial jury could be impanelled. 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. We will review the memorials and decide if they should be merged. When you share, or just show that you care, the heart 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.. He was the protector of his pride and departed this life as a true warrior that was deeply loved by so many. Even though parole is not specifically mentioned in the prosecutor's argument, the import of the argument is dramatically clear unless the defendant is sentenced to death he will be released from prison and rape again. See State v. Harbison, 704 S.W.3d 314, 318 (Tenn. 1986), cert. Who were the people in Karen's life? 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. Learn more about merges. Earlier, however, in connection with its instruction on felony murder, it had instructed the jury on the elements of aggravated rape. 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." Friends, and whether they outweighed the mitigating evidence argument emphasized the felony murder aggravating circumstance least., 1700 East 38th Street, in connection with its instruction on felony murder, had! Connection with its instruction on felony murder aggravating circumstance at least as much as the circumstance! 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