Page 2 of 5 FirstFirst 1234 ... LastLast
Results 11 to 20 of 48

Thread: Harold Wayne Nichols - Tennessee Death Row

  1. #11
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    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 Pulley’s 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 Pulley’s 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 Pulley’s 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 Court’s 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 Petitioner’s 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 Petitioner’s 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."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  2. #12
    Moderator Bobsicles's Avatar
    Join Date
    Jan 2019
    Location
    Tennessee
    Posts
    7,316
    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
    Join Date
    Nov 2015
    Location
    New Jersey, unfortunately
    Posts
    4,382
    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
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  4. #14
    Moderator Bobsicles's Avatar
    Join Date
    Jan 2019
    Location
    Tennessee
    Posts
    7,316
    Distributed for conference June 4, 2020.

    https://www.supremecourt.gov/search....c/19-8179.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  5. #15
    Administrator Aaron's Avatar
    Join Date
    Nov 2015
    Location
    New Jersey, unfortunately
    Posts
    4,382
    On June 4, the Tennessee Supreme Court denied a COVID stay to Nichols.

    https://www.tncourts.gov/docs/docume...e-courts-order

    Nichols has since filed another such motion, this time referencing Gutierrez and drawing attention to the fact that clergy visits are currently suspended by the TDOC.

    https://www.tncourts.gov/docs/docume...d-motion-reset

    I'm not terribly optimistic. TN will probably end up rescheduling executions to 2021 at this point. If race gets Nichols an express ticket to the chair so be it. I'll be perfectly fine with that.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  6. #16
    Senior Member Frequent Poster Alfred's Avatar
    Join Date
    Mar 2014
    Posts
    446
    I'm not. It's hallucinating. If a black guy scheduled for October gets a stay, than a white guy in August should certainly get a stay. This race thinking is sickening.

  7. #17
    Senior Member CnCP Legend Neil's Avatar
    Join Date
    Jan 2020
    Posts
    1,248
    Yeah I know it’s pathetic. The Clergy issue is ridiculous now. Everywhere in every state they’ll wind up staying the execution.
    Last edited by Neil; 06-20-2020 at 08:44 AM.

  8. #18
    Administrator Aaron's Avatar
    Join Date
    Nov 2015
    Location
    New Jersey, unfortunately
    Posts
    4,382
    Yesterday the Tennessee Supreme Court denied Nichols' renewed motion for a stay.

    https://www.tncourts.gov/docs/docume...tion-reset-his
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  9. #19
    Administrator Helen's Avatar
    Join Date
    Jan 2013
    Location
    Toronto, Ontario, Canada
    Posts
    20,875
    Death row inmate sues Tennessee Supreme Court in an effort to halt August execution

    A man on death row is suing Tennessee Supreme Court justices in federal court in an effort to stay his upcoming execution.

    Harold Nichols, 59, was convicted of capital murder and sentenced to death on May 12, 1990. His execution is set for Aug. 4.

    Outbreaks of the virus at Tennessee prisons launched the state to the top of the country for COVID-19 hotspots, and attorneys say moving forward with the execution amid the lockdowns not only threatens Nichols' right to fair legal representation but could place hundreds of people at risk.

    "Moving forward with Mr. Nichols’ execution in August — in the midst of a pandemic that has yet to peak — is contrary to fundamental legal principles and endangers the health and safety of many," attorney Susanne Bales said in an emailed statement.

    Court delays executions but not Nichols' case

    While the state supreme court denied Nichols' latest attempt to block his execution amid the ongoing COVID-19 pandemic, other executions in Tennessee have been delayed, as have others across the country.

    The justices delayed 2 2020 executions citing COVID-19 concerns. Oscar Franklin Smith's June 4 execution date was delayed until February. Byron Lewis Black's Oct. 8 execution date was reset for next April.

    "The current August 4 date for execution is forcing Mr. Nichols’ attorneys to try and navigate clemency representation while the virus is still upending everything and making normal representation impossible. The current date also deprives Mr. Nichols of valuable time to prepare spiritually for execution. These problems easily could be avoided simply by delaying the execution," Bales said.

    Nichols is on death row for raping and murdering 21-year-old Karen Pulley in 1988. According to court records, he hit her on the head with a board at least 4 times, causing skull fractures and brain injuries.

    The state has denied two previous requests to delay his execution as attorneys say pandemic precautions have limited their ability to provide effective counsel and do the legal work needed to apply for clemency.

    In the latest denial, state lawyers said Gov. Bill Lee could intervene if he believes a delay is necessary due to COVID-19. Lee spokesperson Gillum Ferguson said the governor would "thoroughly review and consider carefully any requests that are submitted by counsel for Nichols, whether based on COVID-19 or otherwise."

    But, Bales said, without being able to meet properly in person with Nichols or other witnesses for months, that application would be insufficient.

    "A clemency petition has not been filed with the Governor because the pandemic has prevented Mr. Nichols’ legal team from doing the work required to put together the information needed for the Governor to make a fully informed decision," she said.

    The country's busiest state for executions, Texas, delayed several during the pandemic, including one stayed by the U.S. Supreme Court in June.

    The U.S. Supreme Court blocked Ruben Gutierrez’s execution about an hour before he could have been executed. Gutierrez’s attorneys had argued his religious rights are being violated because the prison system wouldn't allow a chaplain to accompany him in the death chambers.

    But Texas also resumed carrying out death sentences Wednesday when Billy Joe Wardlow died by lethal injection. Wardlow's execution date had been moved from April 29 due to the virus outbreak.

    Complaint similar to Texas case

    Nichols' complaint is similar to the Gutierrez case in Texas.

    Attorneys previously said the state had singled Nichols out for a "uniquely unjust and cruel punishment." He has not been able to meet with a spiritual advisor or friends since March, when prisons stopped allowing visitors to prevent spread of the coronavirus.

    He also has been limited in his ability to see his counsel, as Tennessee Department of Corrections officials limited visitation to facilities.

    The filing details repeated problems with phone connections that made conversation difficult, time cutoffs on medical evaluations and a lack of privacy in meetings with attorneys that did not exist before the pandemic precautions were put in place.

    Bales said these restrictions were "justifiable in light of the pandemic but antithetical to the constitutional rights of the condemned before execution."

    In total, 16 weeks of what could have been used for adequate legal representation were lost to changing and restrictive precautions, she said.

    "Tennessee prisoners with execution dates have had, and will again have, legal representation free from the restrictions of a world-wide pandemic. They had, and will have, attorneys who can conduct the job required of them, in addition to frequent contact with religious advisers, family and friends before the execution occurs," Bales said.

    "But the State of Tennessee’s decision to move forward with Mr. Nichols’ execution in August, and the prison’s policies ... disadvantage Mr. Nichols beyond justification and single him out for a uniquely unjust and cruel punishment."

    The Tennessee Department of Correction has started its customary preparation for the execution date, including asking for media witnesses.

    Prison officials do not plan to alter the execution protocol, which requires dozens of people to report to Riverbend Maximum Security Institution. Under the protocol, media witnesses, attorneys and family members witness the execution together in one small room.

    Riverbend Maximum Security Institution, where Nichols is housed, has seen few cases of the novel coronavirus compared with other TDOC facilities.

    Of the 728 people serving sentences there, only 3 have ever tested positive for the virus, according to TDOC data. As of July 6, 6 staff members have tested positive, and 5 of them have since returned to work.

    "Presumably, their pandemic procedures have reduced the risk of bringing the virus behind the prison walls. Dozens of outsiders will be at the prison on August, unnecessarily placing prison employees and inmates at risk for catching the virus," Bales said.

    Such an outbreak occurred in Missouri 1 month after the 1st execution carried out during the pandemic was held at a prison in Bonne Terre, reports show.

    Lawsuit seeks guidance

    The suit was filed in U.S. District Court on June 30. Defense attorneys claim moving forward with the execution violates Nichols' constitutional rights and asks the court to order the state to delay his death. The suit also asks for an order requiring TDOC and other parties to develop specific guidance on conducting an execution during a pandemic.

    Nichols' attorneys filed a request to expedite the suit July 1, with just more than a month remaining before the scheduled execution — but District Judge Aleta A. Trauger denied the motion.

    The attorney general's office is representing the state Supreme Court justices, as well as other defendants including TDOC Commissioner Tony Parker and Tennessee Attorney General Herbert H. Slatery III himself.

    Attorneys for the state say Nichols' has already made use of avenues for requesting a stay and that the looming execution date does not change the court's responsibilities or processes.

    "The fact that a death row inmate faces an imminent execution date cannot be good cause to expedite the plethora of last-minute lawsuits filed by individuals in the same position as Plaintiff and sets a dangerous and unworkable precedent for federal courts dealing with last minute litigation in such cases," attorneys said in response to the motion to expedite.

    (source: The Tennessean)
    "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."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  10. #20
    Junior Member Stranger
    Join Date
    Jan 2013
    Posts
    12
    karenpulley9212329215_t400_hac77e32f5bcb968b1704c144a371970a4ba48b71.jpg This young lady, Karen Pulley, was this animal's victim.
    Last edited by Bigwave916; 07-16-2020 at 05:20 PM.
    Narcissistic Personality Disorder is just the clinical term used to describe an individual who is nothing more than an asshole.

Page 2 of 5 FirstFirst 1234 ... LastLast

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
  •