A capital sentencing determination, "even when guided and channeled, [is] inherently subjective, and the weight a sentencer gives ... a significant piece of evidence ... is *83 nowhere apparent in the record." Since the jury in Carter properly knew of the criminal acts, formal admission of this evidence obviously did not further prejudice the accused. Charles Melton Sister, She also stated she could recognize Defendant's signature but "that would be it." State v. Moore, 614 S.W.2d 348, 352 (Tenn. 1981). See State v. Williams, 690 S.W.2d 517, 529 (Tenn. 1985). This proof established that Hill was handcuffed and struggled to free herself before she was murdered. [2] Such review of death cases insures rationality and consistency in the imposition of the death penalty. 2d 409, 24 Cal. The House of MinaLima released two new prints in honor of Miraphora Mina's birthday today: a print of Arthur Weasley's broom and a print of the Triwiz The-Leaky-Cauldron.org, 19 … No prejudice, bad faith, or undue advantage has been shown requiring relief on this issue. The proof established that a handcuff was attached to Valentine's left wrist. Each jury can act only within the narrow realm of the specific case before it. United States v. Dionisio, 410 U.S. at 36, 93 S. Ct. at 783 (Marshall, J., dissenting). Farmer related how Harris had told him about a friend of his who liked to get people high, handcuff them to trees, and do obscene things to them. The autopsy of Troy Valentine revealed several stab wounds on his chest and back and lacerations to the back of his head. The responses of the prospective jurors revealed that their views on the death penalty would prevent or substantially impair the performance of their duties as jurors in accordance with their instructions and their oaths. Is Kingsman 2 On Disney+ Plus, The rule in determining whether an error was harmless is not whether there was sufficient other evidence on which to find the defendant guilty, or even on which to impose the death penalty. In conclusion, because of errors committed during both the guilt and sentencing phases in this case, I would reverse and remand for a new trial. 1987); State v. Stafford, 670 S.W.2d 243, 246 (Tenn. Crim. The Defendant asserts that he was denied a fair trial by the various comments and interjections by the trial judge. We have reviewed Rule 12 reports from trial judges submitted over the past fourteen years in all criminal trials for first degree murder in which life imprisonment or a sentence of death has been imposed. See State v. Black, 815 S.W.2d 166, 181 (Tenn. 1991). In making our comparative review, a majority of this Court is of the opinion that the imposition of the death penalty by the jury was neither arbitrary nor excessive or disproportionate to the penalty imposed for similar crimes. The extent of the defendant's participation in the killings, particularly in comparison to that of DeModica, is not without serious doubt. The Defendant also argues that the State was late in providing discovery of the witness Johnnie Shultz. The Defendant avers that the trial court's refusal to grant him a change of venue was a clear abuse of the judge's discretion as required by Rule 21(a). The court granted the request pending a showing of relevancy and materiality of the testimony. See State v. Fuino, 608 S.W.2d 892 (Tenn. Crim. However, they did not realize that they would be in for a shock. Evidence is relevant when it has a tendency to make the existence of any fact that is of consequence to the action more probable or less probable than it would be without the evidence. Defendant has submitted for our review numerous issues. The Defendant alleges that the trial court abused its discretion by refusing to allow him to reserve his opening statement until the beginning of the defense proof. The author of the letter admitted he had shot the guard between the eyes but hoped that he had missed the woman. It is not error to refuse to force a witness to take the stand to claim his Fifth Amendment privilege in front of a jury, nor may a jury draw inferences from the decision of a witness to exercise his constitutional privilege against self-incrimination. 1982). 1982). Crime Scene Photo I would reverse and remand for a new trial on the following bases: that the jury instruction regarding the defendant's refusal to give additional handwriting exemplars violated his privilege against self-incrimination, that the court erred in admitting evidence of other crimes committed by the defendant, and that the evidence does not support the finding of the aggravating circumstance defined in T.C.A. Zant v. Stevens, 452 U.S. 862, 884, 103 S. Ct. 2733, 2747, 77 L. Ed. For a year and a half, she had worked with Harris to improve his writing ability. Substantial evidence corroborated DeModica's testimony that the Defendant was implicated in this crime. He denied going to Maggie Valley and denied spending the night at the home of anyone named Tim. He told a TBI agent that he had never been to Gatlinburg. State v. Alley, 776 S.W.2d at 517-18; State v. Strouth, 620 S.W.2d 467, 471 (Tenn. 1981). The dissent challenges the validity in the present case of the aggravating circumstance found in T.C.A. While rehabilitation is subject to abuse by counsel and must be controlled by the court, questioning by counsel often clarifies a prospective juror's views and offers a new perspective on the juror's answers. 1977). The jury had already been fully informed during voir dire of the sentencing procedure that would occur if the Defendant was found guilty of first degree murder. Summary: Rufus Doby is 85 years old and was born on 12/10/1935. § 39-13-206(c)(1)(B) [formerly T.C.A. 1985). See State v. Simon, 635 S.W.2d 498, 506 (Tenn. 1982). Three others — Joe Demodica, Kimberly Pelley and Rufus Doby — were also convicted or entered guilty pleas for their part in the murders. The trial court's instructions to the jury conform to the language and structure of the Tennessee Death Penalty Statute. The State successfully argued at trial that evidence of these crimes was relevant to corroborate DeModica's testimony by showing his association with the Defendant immediately prior to the murders. At no point did the court suggest that guilt could be inferred from Defendant's silence or that the burden of proof lay upon him. DeModica observed the appellant, Pelley, and one of the victims, Melissa Hill, enter the motel room in which Hill's body was subsequently discovered. The trial court gave a thorough and comprehensive instruction regarding this proof in which the court explicitly delineated the point on which it was relevant and charged the jury to consider this evidence of other offenses only for the limited purpose for which it was introduced. The fatal injury was a deep thrust wound across her neck that had cut the trachea and the neck's major blood vessels and had chipped the spinal column. The Defendant is entitled to have the jury consider all statutory and non-statutory mitigating circumstance which are raised by the evidence. Amber M Doby, Karen A Doby, Rufus L Doby, Sally Doby, Sharon A Doby, Sharon M Doby. No two cases are alike, and no two defendants are alike. Rocky Top Village Inn Add to Trip Remove. The Defendant was aware of Vastrick's testimony and the significance of the handwriting issue. Moreover, the defendant should not be allowed to rely upon one ground at trial and then assert different grounds in subsequent proceedings on appeal. Portland Press Herald Crossword Puzzle Today, Defendant first asserts that the trial court erred in failing to grant a change of venue. Our 1977 statute created a comparative proportionality review to serve as an additional safeguard against arbitrary or capricious sentencing. State v. Carter, 714 S.W.2d 241, 245-246 (Tenn. 1986); State v. Parton, 694 S.W.2d 299 (Tenn. 1985); Bunch v. State, 605 S.W.2d 227 (Tenn. 1980). The Court of Criminal Appeals in that case found that the statement made by the Assistant District Attorney General, though improper, did not affect the judgment of guilty. This Court has failed to articulate and apply a standard for comparative proportionality review of the death sentence mandated by T.C.A. and the probative value of the evidence is not outweighed by its prejudicial effect. The Defendant did not object to the charge. See Delk v. State, 590 S.W.2d 435, 440 (Tenn. 1979). The standard for determining whether the error was harmless or prejudicial should be "beyond a reasonable doubt." The manslaughter and second degree murder instructions do not conform exactly to the pattern instructions; however, the trial court did state the applicable law as to each offense. Rufus Doby plead guilty and has since been released. See State v. Black, 815 S.W.2d at 197 (Reid, C.J., dissenting) (suggesting a standard). Missy’s husband would call the hotel with no answer and asked the security guard to check on her. People v. Leonard, 207 Cal. § 37.16 (2d ed. Inside the envelope was a letter and a small knife given to Hill by her husband that she normally kept in her purse. 2d 1178 (1967), nor does the introduction of evidence that a defendant refused to take a *71 legally required test violate the right against self-incrimination. In order to link the Defendant to the Maggie Valley letter, the State next introduced the testimony of Antonia Jones, the Defendant's former girl friend. To excuse a juror for cause based on his absolute unwillingness to consider imposing the death penalty, "(a) disqualifying statement must be unambiguous and it can never be assumed otherwise that that is the position of the prospective juror." Immediately, two gunshots followed. Defendant also contends that a photograph of a chair at the crime scene should not have been admitted because the State failed to provide it to defense counsel during discovery. See State v. Bolin, 678 S.W.2d 40, 44-45 (Tenn. 1984). 1982). Paul Chowdhry Partner, The statute, which reflects a constitutional safeguard, imposes an original and additional duty on the Court as a part of the procedure for selecting those for whom the death penalty is reserved, those deemed the most culpable, the worst of the bad. Other than the request for Kelly to testify and to examine his co-defendant's handwriting, the record does not show that the Defendant ever made a specific request for an independent handwriting analysis before trial began. I’ll take it.” (Hill, 2014). The jury found the aggravating circumstance set forth in T.C.A. His father is now deceased and his mother lives in Atlanta, Georgia. Initially, the difference in language between the Fifth Amendment and Article I, § 9 should be noted. State v. Adkins, 786 S.W.2d 642, 646 (Tenn. 1990). ." United States v. Izzi, 427 F.2d 293, 295 n. 1 (2d Cir.1970); Weintraub, Voice Identification, Writing Exemplars and the Privilege Against Self-Incrimination, 10 Vand. Each juror was then free to consider any relevant mitigating circumstance and impose a lesser sentence. There is no merit to this argument because the instruction, which clearly charged the jury that any inference was permissive and rebuttable, did not relieve the State of proving an element of the offense in violation of Sandstrom. Twenty-one-year-old Melissa Hill was a desk clerk and Troy Valentine was a night security guard. 763, 787-788 (1935). He subsequently stated that he and his companions had eaten in a restaurant in Pigeon Forge and that he had purchased a chain for Pelley while they were in Gatlinburg with DeModica and Silvers. See Laska, "A Legal and Constitutional History of Tennessee, 1772-1972," 6 Mem.St.L.Rev. *59 Charles W. Burson, Attorney General & Reporter, Jerry Lynn Smith, Deputy Atty. The 36-year-old Valentine was unarmed, but carried a police-type flashlight. The majority further excuses the admission of the prejudicial evidence with the statement that the proof of the defendant's guilt is overwhelming. 1974) *80 (field sobriety tests); Black v. State, 479 S.W.2d 656, 658 (Tenn. Crim. Because I find other errors requiring remand for a new trial, I pretermit this issue. 563, 582 n. 89 (1976); Pittman, "The Colonial and Constitutional History of the Privilege against Self-Incrimination in America," 21 Va. L.Rev. Dr. Blake opined that Melissa Hill had been stabbed before she had been shot. Mrs. Jones stated, "[s]he would tell the truth, to the best of her knowledge, but her knowledge is colored a great deal by emotions ... [t]o the point that it is very doubtful that she would be a ... reliable witness." The Defendant further argues that if the circumstances justified a change of venue for co-defendant Kimberly Pelley, then he was also entitled to a change of venue. 2d 346 (1972) (White, J., concurring); see generally Gregg v. Georgia, 428 U.S. 153, 195, 198, 96 S. Ct. 2909, 2935, 2937, 49 L. Ed. The trial court declined the Defendant's request. They did sell the radio at a service station and the leather coat at a bar. V. The Tennessee Constitution reads, "That in all criminal prosecutions, the accused ... shall not be compelled to give evidence against himself." App. The Defendant has neither briefed on appeal nor challenged at trial the testimony of Shultz on these grounds. Regardless of errors at the guilt phase of the trial, the case therefore should be remanded for a new sentencing hearing. § 39-2-203(i)(2), (5), and (7),[1] and sentenced the Defendant to *60 death. Ragdoll Cat Breeders Near Me, 1987). Such declarations, however, do not bind this Court to follow every interpretation or limitation placed by the federal courts upon similar provisions of the federal constitution. 1984). Ross v. Oklahoma, 487 U.S. 81, 108 S. Ct. 2273, 101 L. Ed. Melissa Hill's husband called her again at approximately 11:00 p.m. and received no answer. 2d 284 (1988) (Marshall, J., concurring in part and concurring in the judgment) (citations omitted). State v. Banks, 564 S.W.2d 947, 949 (Tenn. 1978). App. There is a clear distinction here between the passive submission required of a defendant in other cases, and the intrusive violation of the will of the accused involved in the giving of a handwriting exemplar. The fact that this majority opinion does not go into the detail that the dissenting judges desire in their dissenting opinion by no means indicates that we have not deliberated, studied, compared and analyzed cases, and conducted a meaningful proportionality review as outlined in State v. Barber, 753 S.W.2d 659, 663-668 (Tenn. 1988). The defendant's attorney stated that he needed to comment upon the opening statement of the prosecutor. See State v. Cadle, 634 S.W.2d 623, 626 (Tenn. Crim. DeModica heard two gunshots inside the room. The Origin of Rocky Top On August 28, 1967, couple Felice and Boudleaux Bryant checked into room 388 of the Historic Gatlinburg Inn. State v. Harries, 657 S.W.2d 414, 420 (Tenn. 1983). The Defendant did not testify. Bennett, not hearing from Troy Valentine or Melissa Hill, became concerned and left the Airport Road office and went to the Reagan Drive office about 11:30 p.m. 1 on Discogs. Section 40-17-106 is directory only and does not necessarily disqualify a witness whose name does not appear on the indictment from testifying. A comparative review helps us make the determination of whether the penalty imposed in the case at bar is or is not disproportionate to the penalty imposed in similar cases, considering the nature of the crime and the defendant. App. The Defendant had filed a motion requesting that the trial court grant individual voir dire of potential jurors because of the extensive publicity, strong public sentiment, and great notoriety of the case. He served 10 years in the penitentiary. I am authorized to say that Justice Daughtrey joins in this dissent. 2d 141 (1980); Gilbert v. California, 388 U.S. 263, 263, 87 S. Ct. 1951, 1953, 18 L. Ed. The State rested. At the time of the crime (September 1986) and at the time of the arrest and pretrial proceedings involving the Defendant and the other co-defendants, there was extensive publicity. 1979). For example, Joseph DeModica was in custody awaiting his own trial at the time of this trial. 2d 1171 *79 (1983); Oregon v. Hass, 420 U.S. 714, 719, 95 S. Ct. 1215, 1219, 43 L. Ed. However, they all got what they deserved. Dolby Atmos is a next-generation surround sound format that was announced by Dolby in April 2012. See State v. Miller, 668 S.W.2d 281, *66 285 (Tenn. 1984); Tenn.R.App.P. The majority first states that "such proof was not extensive or emphasized." 1971), is as follows: 475 S.W.2d at 559 (citation omitted) (emphasis in original). The group also spent Friday night in Knoxville at the apartment of Tim Farmer, another of DeModica's friends. Satterwhite v. Texas, 486 U.S. 249, 262, 108 S. Ct. 1792, 1800, 100 L. Ed. 1978). 2d 1149 (1967) (Fortas, J., concurring in part and dissenting in part). The trial court refused to allow Jones to give her opinion on this issue although the court stated Jones would be allowed to testify as to her knowledge of Defendant's ability to write. The jury found three aggravating circumstances, T.C.A. While the trial court's interruption may have been premature, defense counsel seems to have been allowed to make his point (i.e., the proof would show no physical evidence linking the Defendant to the killings). The court's instruction, essentially that of T.P.I. State v. Taylor, 645 S.W.2d 759 (Tenn. Crim. He later admitted being in Pigeon Forge. 2d 973 (1978). Breaking Changes: The 'comparer' parameter in the options for the setGrouping method, has been renamed to 'comparator' to maintain consistency with the Column Options method. 1972). Personal details about Rufus include: political affiliation is unknown; ethnicity is African American; and religious views are listed as Christian. The issue is not the same as when a defendant is compelled to produce physical evidence. Gen., C. Anthony Daughtrey, Asst. Atty. This would include Buddy Holly and even Jim Reeves. State v. Street, 768 S.W.2d 703, 710-711 (Tenn. Crim. State v. Williams, 657 S.W.2d 405, 410 (Tenn. 1983); State v. Hatchett, 560 S.W.2d 627, 630 (Tenn. 1978). Harris and DeModica indicated to Farmer that they intended to return to Gatlinburg on Saturday and would not be performing that night at The Pepper Tree. There was "a little commotion," after which the three returned to the adjoining motel room. App. Summary: Sharon Doby is 80 years old and was born on 01/27/1940. The highly prejudicial nature of such evidence is implicit in the remaining portion of the rule, which provides that even if such evidence is relevant to some matter actually in issue, it is admissible only if its probative value outweighs its prejudicial effect upon the defendant. Again, I urge that some standard definition of "depravity of mind" be used in determining whether, under constitutional principles, the accused should be executed. Subscribe to Justia's Free Summaries Dr. Cleland Blake, a forensic pathologist, went to the scene of the murders during the early morning hours of September 14. If appellate review is to be meaningful, then it is this Court's duty and obligation to explain and set forth in its opinions the process by which it has concluded that a case falls within that class of offenses society has seen fit to punish with death. App. 2d 30 (1988); California v. Ramos, 463 U.S. 992, 1013-1014, 103 S. Ct. 3446, 3460, 77 L. Ed. When the court ordered additional samples, the Defendant refused to comply. Dr. Blake described the wound as "very savage." 1984); Rogers v. State, 2 Tenn. Crim. Kimberly Pelley got out of the car and went into the office and came out with Melissa Hill, who accompanied her into the motel room next to the office. A key piece of evidence in this case was the "Maggie Valley letter." The testimony of Farmer and Clark already established that the defendant and DeModica were companions at this time and were in the Knoxville-Gatlinburg area. § 39-2-205(c)(4)], we find: that the sentence of death was not imposed in an arbitrary fashion; that the evidence supports the jury's findings of three statutory aggravating circumstances; and that the evidence supports the jury's finding of the absence of any mitigating circumstances *77 sufficiently substantial to outweigh the aggravating circumstances so found.
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