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Harold Wayne Nichols - Tennessee Execution - August 4, 2020 - Page 2
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Thread: Harold Wayne Nichols - Tennessee Execution - August 4, 2020

  1. #11
    Administrator Helen's Avatar
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    State Court Of Criminal Appeals Keeps Harold Wayne Nichols On Death Row

    By The Chattanoogan

    The Tennessee Court of Appeals has ruled that Harold Wayne Nichols, who was convicting of raping and murdering a Chattanooga woman and who allegedly raped and assaulted several other women will remain on death row.

    Nichols had appealed a decision of Judge Don Ash, who dismissed his post-conviction appeal.

    Judge Ash ruled against Nichols and denied an evidentiary hearing, though the district attorney's office had agreed to enter into a settlement agreement that would change his status to life in prison.

    The Court of Criminal Appeals said Judge Ash had the authority to dismiss the case without a hearing and to disregard the settlement.

    Nichols pled guilty to first-degree murder, aggravated rape and first-degree burglary in 1990 in the slaying of Karen Pulley. A jury imposed the death penalty.

    The appeals court said, "The proof showed that on the night of September 30, 1988, (Petitioner)broke into the house where the 21-year-old-victim, Karen Pulley, lived with two roommates in the Brainerd area of Chattanooga, Tennessee. After finding Pulley home alone in her upstairs bedroom, (Petitioner) tore her undergarments from her and violently raped her. Because of her resistance during the rape, he forcibly struck her at least twice in the head with a two-by-four he had picked up after entering the house.

    After the rape, (Petitioner), while still struggling with the victim, struck her again several times with great force in the head with the two-by four. The next morning, one of Karen Pulleys roommates discovered her alive and lying in a pool of blood on the floor next to her bed. Pulley died the next day.

    "Three months after the rape and murder, a Chattanooga police detective questioned [Petitioner] about Pulleys murder while he was in the custody of the East Ridge police department on unrelated charges. It was at this point that (Petitioner) confessed to the crime. This videotaped confession provided the only link between (Petitioner) and the Pulley rape and murder. The evidence showed that, until his arrest in January 1989, (Petitioner) roamed the city at night and, when energized, relentlessly searched for vulnerable female victims. At the time of trial, [Petitioner] had been convicted on five charges of aggravated rape involving four other Chattanooga women.

    These rapes had occurred in December 1988 and January 1989, within three months after Pulleys rape and murder."

    The court also said, "In June of 2016, Petitioner moved to reopen his post conviction petition on the basis that the Supreme Courts decision in Johnson v. United States, __ U.S. __, 135 S. Ct. 2551 (2015), announced a new rule of constitutional law requiring retroactive application. The post-conviction court granted the motion to reopen, but after Petitioner amended his petition and asserted additional claims, the post conviction court denied relief without a hearing.

    "On appeal, Petitioner argues (1) that the sole aggravating circumstance supporting his death sentence is unconstitutionally vague under Johnson; (2) that a judge, rather than a jury, determined facts in imposing the death penalty in violation of Hurst v. Florida, __ U.S. __, 136 S. Ct. 616 (2016), a new rule of constitutional law requiring retroactive application; (3) that the State committed prosecutorial misconduct at Petitioners sentencing hearing, along with a related ineffective assistance of trial counsel claim; (4) that the post-conviction court erred in canceling the scheduled evidentiary hearing without notice and a fair opportunity to be heard; (5) that the post-conviction court erred in denying the parties proposed settlement agreement to vacate the death sentence and enter a judgment of life imprisonment; and (6) that Petitioners death sentence is invalid due to the cumulative effect of the asserted errors.

    "Following our review, we affirm the judgment of the post-conviction court."

    https://www.chattanoogan.com/2019/10...als-Keeps.aspx
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
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  2. #12
    Senior Member Frequent Poster Bobsicles's Avatar
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    Nichols has received an execution date of August 4, 2020

    https://abcnews.go.com/amp/US/wireSt...dates-68313707

  3. #13
    Administrator Aaron's Avatar
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    Tennessee AG opposes push to delay executions due to virus

    NASHVILLE, Tenn. (AP) — Tennessee’s attorney general is opposing motions to delay executions scheduled in August and October due to the coronavirus pandemic.

    In state Supreme Court filings this week, Attorney General Herbert Slatery wrote that attorneys for Byron Black and Harold Nichols are speculating about future public health conditions in their delay requests.

    Slatery wrote that the court can take whatever actions necessary if public health circumstances worsen.

    Attorneys for the inmates have argued that the pandemic is impeding their ability to do critical work for clemency requests and court proceedings.

    Nichols’ execution is scheduled for Aug. 4 and Black’s is slated for Oct. 8.

    The state Supreme Court previously delayed inmate Oscar Smith’s execution from June to February 2021 due to the coronavirus. Texas has already delayed six executions due to the outbreak.

    Slatery wrote that those were all scheduled from March to early June. Additionally, the state Supreme Court's order currently anticipates most Tennessee in-court proceedings to resume by June and jury trials to restart in July, Slatery added.

    "If citizens will be called upon to serve as jurors and return to their places of employment in August, there is no reason Nichols’s execution should not also proceed as scheduled," Slatery wrote.

    https://www.sfchronicle.com/news/art...e-15256165.php
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  4. #14
    Senior Member Frequent Poster Bobsicles's Avatar
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    Distributed for conference June 4, 2020

    https://www.supremecourt.gov/search....c/19-8179.html
    I believe in the death penalty

    ~James Dobson

  5. #15
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    how come pike didn't get her date with death yet? Is she a jail bird pet or something? Why so much delaying with her? She's been there for much longer than enough. She deserves this more than others!

  6. #16
    Senior Member Frequent Poster Neil123's Avatar
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    I believe we’ll see a date for her in 2021. She’s in her mid 40s so she’s still got plenty of life left we can probably rob her out of 25 to 30 years of life.

  7. #17
    Senior Member Frequent Poster Bobsicles's Avatar
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    Pike won’t exhaust appeals til about June 7. After that she’ll likely get a 2021 date
    I believe in the death penalty

    ~James Dobson

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