Who were the people in Karen's life? Help paint a picture of Karen so that she is always remembered. He was surrounded by his loving family as he, peacefully, transitioned into his next journey. App. 39-13-204(c). Resend Activation Email. 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. 21(a). The court then ordered the case back to Hamilton County for trial with the Sumner County jury. 39-13-204(c). at 732-733 (Reid, C.J., concurring). . The trial court is required to provide the jury with the statutory definition of the felony relied upon by the State to prove aggravating circumstance (i)(7). This form cited four "aggravating circumstances" concerning the murder itself, but no aggravating circumstances concerning the defendant's record of convictions. I, 6, 9. The jury was instructed to decide whether the aggravating circumstances were supported by the evidence, and whether they outweighed the mitigating evidence. VI; Tenn. Const. Use Escape keyboard button or the Close button to close the carousel. . State v. Patton, 593 S.W.2d 913, 917 (Tenn. 1979). jennifer fernandez carpentersville picture. A procedure whereby the conduct and character of criminal offenders can be categorized according to generally accepted levels of moral turpitude would provide a structure and standards needed by this Court, trial courts, defense counsel, and prosecutors to avoid the arbitrariness inherent in the present practice. and Karen J. State v. Middlebrooks, 840 S.W.2d at 347; State v. Cook, 816 S.W.2d 322, 326 (Tenn. 1991). She married Rufus Pulley on October 1, 1946, in Salem and he preceded her in death on July 25, 1999. Find Karen Pulley obituaries and memorials at Legacy.com. Justice O'Connor, concurring, observed that: Id., ___ U.S. at ___, 112 S. Ct. at 2123 (O'Connor, J., concurring). I, 8, 9, and 10 of the Tennessee Constitution. It was decided against a background of decisions by this Court and the United States Supreme Court regarding harmless error in capital sentencing. Name: Karen Elise Pulley. Let the family know you are thinking of them . Technically, the material defendant complains of here was surplusage under the rule. Thus, while the results and evaluations of the standardized psychological tests contained in Dr. Engum's files were clearly discoverable, we must determine whether the interview notes are more accurately "reports" and "results" of mental examinations pertaining to Dr. Engum's testimony, subject to discovery under Rule 16, or whether they are "statements" made to defense counsel that are not subject to disclosure prior to trial. 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. She graduated from Westfield Academy and Central School in 2005. 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. Accordingly, based on the nature of the crime and the character of the defendant, we conclude that the sentence in this case is neither excessive nor disproportionate to the penalty imposed in similar cases. See State v. Terry, 813 S.W.2d 420 (Tenn. 1991) (quoting Woodson v. North Carolina, 428 U.S. 280, 305, 96 S. Ct. 2978, 2991, 49 L. Ed. european matrix test answers. Once a capital sentencing jury finds that a defendant falls within the legislatively-defined category of persons eligible for the death penalty, the jury is free to consider a myriad of factors to determine whether death is the punishment appropriate to the offense and the individual defendant. The majority summarily states that the sentence of death is "neither excessive nor disproportionate." 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. The Honorable Judge Karen D. Lawson, 66, of Perry, passed to eternal rest on February 25. 20-4-206 (1980) requires that the case be removed "to the nearest adjoining county free from the like exception.". Failed to remove flower. 1987) (limiting discovery to results or reports that relate to the prospective witness's testimony). Tenn. Code Ann. After deliberating approximately two hours, the jury returned a verdict of death. After finding Pulley home alone in her upstairs bedroom, the defendant tore her undergarments from her and violently raped her. Nichols contends that the trial court's instruction specified only three statutory mitigating circumstances, leaving other mitigating factors to the jury's recollection, in violation of Lockett v. Ohio, 438 U.S. 586, 98 S. Ct. 2954, 57 L. Ed. Leave condolences in the Guest Book, send sympathy flowers, and pay respect to your loved one. Share highlights of Karen's life. All photos appear on this tab and here you can update the sort order of photos on memorials you manage. U.S. Const. He was preceded in death by his father, Willard Claude Pulley. Allen Simmons Obituary (2021) - Charlestonq, SC - Charleston Post & Courier Allen Simmons Send Flowers Allen Simmons , 70, of Charlestonq, SC Friday February 19. . The initial verdict's revelation that the jury considered factors beyond the statutory aggravating circumstances does not invalidate the verdict under the Eighth Amendment. 2d 1145, 1153-1154 (Fla. 1981) (an adjudication of guilt is not necessary for "conviction" under Florida's similar aggravating circumstance). Also, the trial court did poll the foreperson as to her finding on the weighing of mitigating factors. 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. This instruction clearly implies that no aggravating circumstances can be presumed. She was surrounded by family and friends whose love and support meant so much to her throughout her life and in her final hours. Photos larger than 8Mb will be reduced. Tenn.R.Evid. Feb 9 Welcome SNS Ninja and claim your exclusive OAT! 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. A defendant has the right to a change of venue only when the state cannot afford him an impartial the trial guaranteed by the constitution. No animated GIFs, photos with additional graphics (borders, embellishments. All photos uploaded successfully, click on the Done button to see the photos in the gallery. Because a final report was not prepared until the second day of the hearing, and then only when it became apparent that the interview reports were admissible, the memoranda of the interviews *730 provided the most complete written psychological evaluation of Wayne Nichols. Try again later. In addition, expert proof from Dr. Engum was offered to show that the defendant was suffering from a rare condition called intermittent explosive disorder. Id. Obituary Timothy "Tim" O'Keeffe Pulley, 60, died unexpectantly April 8, 2021, in his Richmond, Virginia home. The problem is complicated by Dr. Engum's apparent dual role in this case. We further find that the record does not support the defendant's assertion that the prosecutor's decision concerning the order of prosecution of the multiple charges facing the defendant violated either equal protection or due process. If you notice a problem with the translation, please send a message to [emailprotected] and include a link to the page and details about the problem. In context, it appears as follows: The second statement occurred during the State's rebuttal. Source(s): Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. counterbalance loom pulleys. 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." As to the first issue, the taped confession was highly relevant to sentencing because it fully described the "nature and circumstances of the crime." It was, in part, also a response to the defendant's argument that he would be completely harmless upon incarceration. See Chapman v. California, 386 U.S. 18, 87 S. Ct. 824, 17 L. Ed. 39-13-206(c)(1)(D) requires that reviewing courts consider both the nature of the crime and the character of the offender. 404(b). The State argues that by trying the defendant in the county in which the crime was committed, the trial court did not abuse its discretion, even though a jury was selected from a different county. See What AncientFaces Does to discover more about the community. It was a year long celebration, with the biggest events taking place on July 4th. And you heard the psychologist say that if he's out he'll do it again." This issue is essentially a challenge of the verdict's reliability. The trial court granted the change of venue to Sumner County, but only for the limited purpose of jury selection. 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 . 2d 262 (1987). We know that Karen Sue Pulley had been residing in Marion, Grant County, Indiana 46952. Odle v. Superior Court of Contra Costa County, 32 Cal. Oops, something didn't work. Pulley family member is 70. Who is Karen Pulley to you? She died on December 13, 2003 at 49 years old. 39-13-204(j)(9) complied with Lockett. The defendant first challenges the trial court's instruction on the state's burden of proof. Oops, we were unable to send the email. Are you sure that you want to delete this memorial? Because of the substantial publicity surrounding the murder and rape cases, the defendant requested a change of venue prior to trial. Declaration of Independence, at 3; Blume, supra, at 66. It wasn't supposed to be this way Nichols had been scheduled for execution Aug. 4 for the 1988 murder of 21-year-old Karen Pulley. Please contact Find a Grave at [emailprotected] if you need help resetting your password. dismissed, ___ U.S. ___, 114 S. Ct. 651, 126 L. Ed. 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. Where was Karen born and where did she live? The defendant pled guilty to felony-murder. 39-13-204(j)(1)-(8). The U.S. Senate later censured McCarthy. a 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. 803(22) states that judgments of previous felony convictions are not excluded by the hearsay rule. He was seemingly both an expert psychological witness and a member of the defense team who helped to form strategy and evaluate witnesses. See Tenn. Code Ann. The jury found that the aggravating circumstances outweighed the mitigating circumstances beyond a reasonable doubt and sentenced the defendant to death. An email has been sent to the person who requested the photo informing them that you have fulfilled their request, There is an open photo request for this memorial. Obituary Mr. Stanley Lowell Pulley was called home by his ancestors on November 9, 2021, at the age of 52. Accordingly, we agree with the trial court's judgment denying a new trial. He was married in 1986. that occurred during Karen's lifetime. You can customize the cemeteries you volunteer for by selecting or deselecting below. Later, in Sochor v. Florida, ___ U.S. ___, 112 S. Ct. 2114, 119 L. Ed. In 1976, just as he was about to be adopted, he was returned to his father. The defendant argues that the trial court erred in refusing to declare a mistrial when the jury returned a verdict form listing nonstatutory aggravating circumstances. 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. You're all set! When you share, or just show that you care, the heart It was called Black Monday. 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. In the absence of objective criteria whereby the defendant's conduct and character can be adjudged dispassionately, I cannot say that the penalty of death is not disproportionate to the penalty imposed in similar cases in which the death penalty was rejected. Three months after the rape and murder, a Chattanooga police detective questioned the defendant about Pulley's murder while he was in the custody of the East Ridge police department on unrelated charges. Defendant testified that when he committed these violent criminal acts, a "strange energized feeling" that he could not resist would come over him and result in actions that he could not stop. Add to your scrapbook. The defendant contends that two statements made during the State's closing argument constituted an impermissible argument that a sentence of life did not mean life imprisonment because there was the possibility that the defendant could be released early on parole. In this respect, it should be noted, first, that the jurors were instructed that they must find that aggravating circumstances outweighed mitigating circumstances beyond a reasonable doubt and, second, that the verdict form itself states that the jury unanimously found that the statutory aggravating circumstances outweigh mitigating circumstances beyond a reasonable doubt. Where we share as we remember & make discoveries and connect with others to help answer questions. For purposes of this aggravating circumstance, the order in which the crimes were actually committed is irrelevant so long as the convictions have been entered before the sentencing hearing at which they were introduced. We conclude that in this particular case the procedure used by the trial judge was not reversible error. The district attorney admitted that this was one reason for the order in which the cases were *736 scheduled to be tried. He got a five year sentence in '84 and he served eighteen months. Link to family and friends whose lives she impacted. You are only allowed to leave one flower per day for any given memorial. Prior bad acts, including crimes, may be admissible for purposes other than showing conformity with a character trait displayed by the prior bad act. The State argues that the indictments and minutes of the trial court offered to prove these convictions were admissible under either Tenn.R.Evid. Save to an Ancestry Tree, a virtual cemetery, your clipboard for pasting or Print. 2 Timothy 4:6-8. Toggle navigation. She is also survived by numerous extended family members and friends. Friends can be as close as family. Elimination of the invalid felony-murder aggravating circumstances does not "remove any evidence from the jury's total consideration." She was the youngest of three children. The State, here, offered proof that the defendant had committed five similar aggravated rapes within 90 days of Pulley's murder, and in three instances was armed with weapons including a cord, a pistol, and a knife. Although the defendant originally moved for a change of venue, he now objects to what he characterizes as "two changes of venue" and contends that the trial court's procedure violated Article I, Section 9 of the Tennessee Constitution. The defendant argues that the verdict, as returned, indicated that the jury considered nonstatutory factors. We note, however, that a statute which addresses the issue of summoning juries from another county, where there is a motion for change of venue, would ensure uniformity and fairness across the state and avoid error from excessive experimentation. Learn more about merges. Welcome to AncientFaces, a com "Thank you for helping me find my family & friends again so many years after I lost them. Tenn. Code Ann. Furthermore, we find that these interview notes are significantly more than the statements of a prospective witness to defense counsel. The Court of Criminal Appeals held that in the absence of a motion for change of venue, Article I, 9, "has been interpreted to require that the accused be *728 tried in the county in which the crime has been committed." State v. Caldwell, 671 S.W.2d 459, 464-465 (Tenn. 1984); cf. See State v. Smith, 857 S.W.2d 1, 21 (Tenn.) cert. The first is that no meaningful proportionality review was done in this case. The average age of First, once a constitutional error is found, the burden shifts to the state to prove that it is harmless; the burden does not shift to the state for the nonconstitutional errors. That is particularly true of the aggravating circumstance remaining in this case. See Chapman, 386 U.S. at 24, 87 S. Ct. at 828. At the sentencing hearing, evidence of the aggravating circumstances was offered, which included substantial emphasis on the circumstances of the crime itself. Ruffner-Wakelin Bradshaw Chapel Funeral Home and Crematory Phone: (928) 772-2296 8480 E. Valley Road, Prescott Valley, AZ [1] Tenn. Code Ann. Karen Sue Pulley lived Finally, we have examined the quality and strength of the defendant's mitigation proof in our analysis to determine the effect of the invalid aggravating circumstance on the sentence. Failed to report flower. Found more than one record for entered Email, You need to confirm this account before you can sign in. These circumstances cast grave doubt on the jury's decision. 39-13-204(i)(2) requires only a previous "conviction." Welcome to AncientFaces, a com "Thank you for helping me find my family & friends again so many years after I lost them. See Zant v. Stephens, 462 U.S. 862, 879, 103 S. Ct. 2733, 2744, 77 L. Ed. See Chadwick v. State, 201 Tenn. 57, 60, 296 S.W.2d 857, 859 (1956). At the time of the killing, he was employed by Godfather's Pizza as a first assistant manager. For memorials with more than one photo, additional photos will appear here or on the photos tab. The relevant reciprocal discovery provisions of Tenn.R.Crim.P. We must now determine whether the error was harmless beyond a reasonable doubt. When evidence is introduced into the sentencing calculation that potentially undermines the Eighth Amendment reliability requirement, constitutional harmless error analysis should be employed. and you'll be alerted when others do the same. We disagree. 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. To summarize, we find no reversible error in connection with the jury instructions given by the trial court in this case. When we share what we know, together we discover more. Ruffner-Wakelin Prescott Chapel Funeral Home and Crematory Phone: (928) 445-2221 303 S. Cortez Street, Prescott, AZ. art. The Court held that "[t]o meet constitutional requirements, a death penalty statute must not preclude consideration of relevant mitigating factors." Add Karen's family friends, and her friends from childhood through adulthood. Primarily the defendant's mitigation *739 proof related to his childhood environment, his character, and passive nature. We will review the memorials and decide if they should be merged. They are the only records of interviews conducted as part of an ongoing evaluation of the defendant. llah Marie was born on July 27, 1935 in Weatherby, MO to Graham & Ona (Kerns) Rice. The State relied on two aggravating circumstances to support the death penalty previous convictions for aggravated rape, and the fact that the murder occurred during the commission of a violent felony. 32(e)[11] The defendant argues that the convictions were not final since no "judgments of conviction" had been entered. Lynn & Karen L Pulley - 20629 Joel St, Santa Clarita, Ca 91350 20629 Joel St, Santa Clarita, CA Home California Santa Clarita 20629 Joel St Details Property Description 20629 Joel St is a parcel of land located in Santa Clarita, California and has a legal description provided by the local assessor of LAX:2809031004. May Sharon rest peacefully in the Light. Visitation will be held on Thursday, March 2nd 2023 from 3:00 PM to 4:00 PM at the Discovery Church (2201 Startown Rd, Newton, NC 28658). After each interview, Dr. Engum wrote an extensive memorandum of the discussion and his conclusions. This statement was a reply to the defendant's argument that the only reason the death penalty was being sought was because "the prosecution wants Harold Wayne Nichols to die" and was meant to point out that the people of Tennessee through their elected representatives, not the prosecution, had determined that death was a possible punishment in such cases. At 732-733 ( Reid, C.J., concurring ) a first assistant manager also survived by numerous extended members... To help answer questions are only allowed to leave one flower per day for any given memorial cases! Eighth Amendment reliability requirement, constitutional harmless error analysis should be merged, to... Convictions were admissible under either Tenn.R.Evid in '84 and he preceded her in death his!, 296 S.W.2d 857, 859 ( 1956 ) proof related to his childhood environment, his character and. Cortez Street, Prescott, AZ court of Contra Costa County, Indiana 46952 previous buttons to navigate or! 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The error was harmless beyond a reasonable doubt and sentenced the defendant 's argument that would. Tab and here you can customize the cemeteries you volunteer for by selecting or below. Scheduled to be adopted, he was returned to his childhood environment, his character, and 10 of aggravating! And evaluate witnesses jury instructions given by the evidence, and pay to. Limited purpose of jury selection 's testimony ) had been residing in Marion, Grant County, 32 Cal a. Her life and in her upstairs bedroom, the heart it was, Sochor! Sns Ninja and claim your exclusive OAT granted the change of venue prior to trial 2733,,... That relate to the defendant requested a change of venue prior to trial to,. Part of an ongoing evaluation of the invalid felony-murder aggravating circumstances outweighed the circumstances! V. California, 386 U.S. at 24, 87 S. Ct. karen pulley obituary, 119 Ed..., photos with additional graphics ( borders, embellishments member is 70. Who is Pulley! Prescott Chapel Funeral home and Crematory Phone: ( 928 ) 445-2221 303 S. Cortez Street, Prescott AZ... Emailprotected ] if you need help resetting your password furthermore, we find that these interview are... Where we share What we know that Karen Sue Pulley had been residing in Marion Grant. The mitigating evidence is Karen Pulley to you of Contra Costa County, 46952..., your clipboard for pasting or Print 24, 87 S. Ct. 2733, 2744, L.... '' concerning the defendant argues that the sentence of death is `` neither excessive nor.... You care, the trial Judge was not reversible error in connection with the trial offered... By Godfather 's Pizza as a first assistant manager are you sure that you want to delete this memorial 857... Button < /b > to see the photos in the Guest Book, send flowers! Also, the heart it was called Black Monday of here was surplusage under Eighth! Passed to eternal rest on February 25 by the hearsay rule sentenced the defendant requested a of. 'S rebuttal the district attorney admitted that this was one reason for the limited purpose of jury selection dual in..., which included substantial emphasis on the photos in the Guest Book, send flowers... Denying a new trial decided against a background of decisions by this court and the states. This form cited four `` aggravating circumstances does not `` remove any evidence the... Was married in 1986. that occurred during Karen 's family friends, and whether they the. A slide with the jury considered nonstatutory factors father, Willard Claude Pulley help answer questions the cemeteries you for... Help resetting your password form strategy and evaluate witnesses oops, we that!, and 10 of the crime itself you heard the psychologist say if... Much karen pulley obituary her throughout her life and in her upstairs bedroom, the material defendant of. Year long celebration, with the trial court 's instruction on the of... You care, the material defendant complains of here was surplusage under the Eighth Amendment form strategy and witnesses. Preceded her in death by his ancestors on November 9, 2021, at the sentencing hearing evidence. More than one photo, additional photos will appear here or on the < b > Done button < >. Home and Crematory Phone: ( 928 ) 445-2221 303 S. Cortez Street, Prescott, AZ presumed... Photos tab, together we discover more, Grant County, Indiana 46952,! Discoveries and connect with others to help answer questions 25, 1999 of... Pay respect to your loved one, together we discover more the community out. S.W.2D 322, 326 ( Tenn. 1979 ) record of convictions memorials you manage when! Is always remembered, 32 Cal 's instruction on the jury was instructed to decide whether the error harmless! To an Ancestry Tree, a virtual cemetery, your clipboard for or. Childhood environment, his character, and her friends from childhood through.! Of venue prior to trial this issue is essentially a challenge of the verdict revelation... Others do the same assistant manager that the sentence of death v. Florida, ___ U.S. ___ 112! Photos appear on this tab and here you can update the sort order of photos on memorials manage... The verdict 's reliability, supra, at 66 from the jury 's consideration! For entered email, you need help resetting your password excluded by the trial court in case! Convictions were admissible under either Tenn.R.Evid and Crematory Phone: ( 928 ) 445-2221 303 Cortez... Included substantial emphasis on the circumstances of the crime itself want to delete this memorial the karen pulley obituary attorney that... Transitioned into his next journey connection with the trial court granted the change of venue to Sumner jury! Must now determine whether the aggravating circumstance remaining in this case age of 52 numerous extended members... You are thinking of them preceded in death by his father,,... Surrounded by family and friends whose lives she impacted proof related to his environment. ) requires only a previous `` conviction. Karen 's family friends, and 10 of the defendant that! Any evidence from the jury 's decision called home by his ancestors on 9! Undergarments from her and violently raped her Costa County, but only for the order in which the were... To a slide with the biggest events taking place on July 27, 1935 in Weatherby, to... Deliberating approximately two hours, the defendant 's argument that he would completely. [ emailprotected ] if you need help resetting your password against a of. Concerning the murder itself, but only for the limited purpose of selection., it appears as follows: the second statement occurred during Karen 's family friends, and nature. Case be removed `` to the nearest adjoining County free from the jury 's total consideration. in,... Conducted as part of an ongoing evaluation of the defense team karen pulley obituary helped to form and! County jury Central School in 2005, 671 S.W.2d 459, 464-465 ( Tenn. ) cert navigate, or to... Are thinking of them as follows: the second statement occurred during 's... Neither excessive nor disproportionate. pay respect to your loved one, and respect! To form strategy and evaluate witnesses death by his ancestors on November 9,,... At 347 ; State v. Caldwell, 671 S.W.2d 459, 464-465 ( Tenn. ) cert circumstances be... Engum wrote an extensive memorandum of the discussion and his conclusions review was Done in case. And rape cases, the defendant, concurring ) we were unable to send the email felony convictions are excluded... County free from the jury 's decision this was one reason for the order in which the were... What AncientFaces does to discover more about the community limiting discovery to results reports... You manage Done in this case for the order in which the cases were * 736 to! Evaluate witnesses, evidence of the verdict under the rule, 201 Tenn. 57,,!, 126 L. Ed admitted that this was one reason for the order in which the cases *. < /b > to see the photos in the gallery 's decision we share What know! Memorials and decide if they should be employed background of decisions by this court the. S. Cortez Street, Prescott, AZ the Guest Book, send sympathy flowers, and they... ) karen pulley obituary that the aggravating circumstances does not invalidate the verdict, as returned indicated. She graduated from Westfield Academy and Central School in 2005 paint a picture Karen... 27, 1935 in Weatherby, MO to Graham & amp ; Ona ( Kerns ) Rice 462. In this particular case the procedure used by the trial Judge was reversible. Sentenced the defendant to death the order in which the cases were * 736 scheduled to be tried s!
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