Results 1 to 10 of 48

Thread: Harold Wayne Nichols - Tennessee Death Row

Hybrid View

Previous Post Previous Post   Next Post Next Post
  1. #1
    Guest
    Join Date
    Oct 2010
    Posts
    5,534

    Harold Wayne Nichols - Tennessee Death Row




    Facts of the Crime:

    Nichols was sentenced to death on May 12, 1990 for the January 30, 1988 killing of 21-year-old Karen Pulley. He broke into Pulley's Chattanooga home, raped her, and hit her in the head with a board at least four times. The victim suffered skull fractures and massive brain injuries and died the following day. In addition to the death sentence, Nichols received a 60-year sentence for aggravated rape and a 15-year sentence for first-degree burglary, both in connection with the attack on Pulley.

  2. #2
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    On June 1, 2010, Nichols filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/ten...cv00148/57685/

  3. #3
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    Harold Wayne Nichols v. Stanton Heidle, Warden

    In today's Sixth Circuit Court of Appeals opinions, the court AFFIRMED the district court's denial of Nichols' habeas petition.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  4. #4
    Administrator Heidi's Avatar
    Join Date
    Oct 2010
    Posts
    33,217
    The article

    Inmate loses federal appeal

    A federal appeals court has denied a petition from a death row inmate who claimed mistakes by police, his lawyers and the judge led to his conviction.

    The 6th U.S. Circuit Court of Appeals in Cincinnati posted its ruling Thursday in the appeal of Harold Wayne Nichols. He was convicted and sentenced to death in the 1988 rape and murder of 21-year-old Karen Elise Pulley of Chattanooga. Nichols— originally from Cleveland, Tenn. — was also convicted in a series of 11 other rapes or attempted rapes in the Chattanooga area.

    The Tennessee Supreme Court upheld the death sentence of Nichols in 1994.

    http://www.fresnobee.com/2013/07/25/...#storylink=cpy
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  5. #5
    Jan
    Guest
    On September 5, 2013, the 6th Circuit Court denied rehearing en banc.

    http://www.supremecourt.gov/Search.a...es/13-8570.htm

  6. #6
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    On December 1, 2014, the US Supreme Court DENIED Nichols' certiorari petition.

    Lower Ct: United States Court of Appeals for the Sixth Circuit
    Case Nos.: (06-6495)
    Decision Date: July 25, 2013
    Rehearing Denied: September 5, 2013

    http://www.supremecourt.gov/search.a...es/13-8570.htm

  7. #7
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    On May 18, 2016, Nichols filed another appeal before the US Court of Appeals for the Sixth Circuit.

    https://dockets.justia.com/docket/ci...ts/ca6/16-5665

  8. #8
    Senior Member CnCP Legend CharlesMartel's Avatar
    Join Date
    Apr 2014
    Location
    FRANCE
    Posts
    3,073
    Judge to decide whether to take convicted Chattanooga serial rapist, murderer off death row

    By Zack Peterson
    The Chattanooga Times-Free Press

    A special judge must decide whether to release a convicted serial rapist from death row who was found guilty in a 1988 murder in Chattanooga.

    Harold Wayne Nichols received 60 years for the first-degree felony murder of 21-year-old Karen Pulley, an additional 15 years for aggravated rape, and was sentenced to death in 1990. But a judge at the time incorrectly applied a vague enhancement statute that sent Nichols to death row, his post-conviction defenders argued Wednesday in Hamilton County.

    And because of a United States Supreme Court decision from 2015 that's since changed those statutes, prosecutors seemed to agree that Nichols, 57, is eligible to be released from death row.

    Now, it's up to Judge Don Ash to decide whether to accept these attorneys' agreement. Ash was specially appointed to the case after Hamilton County Criminal Court Judge Barry Steelman, a former prosecutor, recused himself from Nichols' post-conviction petition.

    "If I accept this agreed order, we'll accept his [post-conviction] petition," Ash said Wednesday in a Hamilton County General Sessions courtroom. "I do have legitimate concerns about whether this is appropriate or not."

    Ash said he would release his opinion in the next two to three weeks, likely before Nichols' next court date on March 14.

    Nichols, who is being held in Riverbend Maximum Security Institution in Nashville, would have to continue serving his life sentences. He was also convicted of several rapes in Hamilton County, court records show.

    According to Nichols' defenders, you can only give someone the death penalty in Tennessee for a first-degree murder conviction if jurors determine at least one "aggravating factor" beyond a reasonable doubt. When you're being sentenced for a crime, an aggravating factor is something that supports a stiffer penalty. And in this case, the factor in question was whether Nichols had been convicted of "one or more felonies that involved violence or threat of violence to the person," according to a 73-page post-conviction petition his defenders filed in Hamilton County.

    But the judge at the time never instructed jurors on the definition of "rape" or the phrase "involving the use of violence," Nichols' defenders said. Judges regularly read jurors instructions on how to interpret certain elements of a crime before they deliberate.

    "Without these findings of the trial court, Mr. Nichols would not have been eligible for and could not have received a death sentence," the defenders wrote.

    Prosecutors conceded that point Wednesday.

    "In this particular case, the court notified the jury of what [his] prior charge was — rape — as opposed to the jury learning those facts," Hamilton County District Attorney General Neal Pinkston said. "Under that situation, the state is willing to concede and offer a modified sentence to the court."

    Ash and the lawyers discussed Wednesday how courts nationwide were split on how to handle this issue. For instance, defenders pointed out in their motion, Florida called on judges to determine aggravating factors, not jurors. Ash also wanted to know if prosecutors were able to reach family members of Nichols' victims, but Pinkston said his office hadn't been able to get in contact with them.

    Before he releases his opinion, Ash said he would accept more briefs from prosecutors and defenders. But overall, he seemed apprehensive of the agreement to remove him from death row and the longevity of Nichols' case.

    "This has gone on long enough," he said.

    http://www.timesfreepress.com/news/b...th-row/462574/

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •