See State v. Bates, 804 S.W.2d 868, 881 (Tenn. 1991). Pulley died the next day. Karen Sue Pulley was born on May 24, 1954. 2d 461 (1993). When considered in conjunction with an instruction that "[r]easonable doubt is that doubt engendered by an investigation of all the proof in the case and an inability, after such investigation, to let the mind rest easily upon the certainty of your verdict," we find that the instruction properly reflects the evidentiary certainty required by the "due process" clause of the federal constitution and the "law of the land" provision in our state constitution. at 732-733 (Reid, C.J., concurring). Record information. To add a flower, click the Leave a Flower button. In my opinion, the procedure provided by present law is adequate and should be followed. Select language . The trial court granted the defendant's application for a change of venue upon the necessary finding that the defendant could not have a fair and impartial trial in Hamilton County. We agree that this alleged evidence, even if it could be produced as represented, would not change the results of the trial. He was preceded in death by his father, Willard Claude Pulley. Accordingly, we agree with the trial court's judgment denying a new trial. 2d 98 (1991); State v. Thompson, 768 S.W.2d 239, 250-52 (Tenn. 1989), cert. . [1] The State dismissed a charge of premeditated first-degree murder. Welcome to AncientFaces, a com "Thank you for helping me find my family & friends again so many years after I lost them. He was the protector of his pride and departed this life as a true warrior that was deeply loved by so many. denied, 484 U.S. 872, 108 S. Ct. 204, 98 L. Ed. Weve updated the security on the site. The evidence showed that, until his arrest in January 1989, the defendant roamed the city at night and, when "energized," relentlessly searched for vulnerable female victims. Evidence of mitigating circumstances was offered for the defendant, his family, co-workers, and friends as to his character, work background and attitude, and family history. Family members linked to this person will appear here. State v. Patton, 593 S.W.2d 913, 917 (Tenn. 1979). The State's closing argument emphasized the felony murder aggravating circumstance at least as much as the aggravating *744 circumstance of prior convictions. Branch of service: Us Marine Corps Continuing with this request will add an alert to the cemetery page and any new volunteers will have the opportunity to fulfill your request. 1 OAT = 1x $SNS / 1x $OC Token Airdrop We are the #Sui and #Aptos Culture. I, 6, 9. denied, 476 U.S. 1153, 106 S. Ct. 2261, 90 L. Ed. U.S., Obituary Collection, 1930-Current. Try again later. Hi friends, As many of you are already aware, Doug passed away on June 12th at Good Samaritan Hospital. 5 birth records, View Biographies are our place to remember and discover more about the people important to us. 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. It accommodates the accused's right to have the trial as close to the scene of the crime as possible, and it accommodates the public's interest in conserving time and expense incident to the trial. We have carefully considered the defendant's contentions as to the alleged errors occurring during the sentencing phase and conclude the defendant's death sentence should be affirmed. According to Engum, a person suffering from this disorder normally experiences an increasing, irresistible drive that results in some type of violent, destructive act. And you heard the psychologist say that if he's out he'll do it again." I thought you might like to see a memorial for Karen Elise Pulley I found on Findagrave.com. When the jury reports an incorrect or imperfect verdict, the trial court has both the power and the duty to redirect the jury's attention to the law and return them to the jury room with directions to reconsider their verdict. Graveside services will be 1 p.m. Tuesday, December 20th at Wilmot Cemetery, Wilmot, Ohio with Pastor Jim Jamison officiating. The constitutional concern with the locality of trial has its origins in colonial history. When 2 or more people share their unique perspectives, No judgments had been entered because the trial court had delayed sentencing at the defendant's request. 2d 944 (1976) (plurality opinion), and Lockett v. Ohio, 438 U.S. 586, 98 S. Ct. 2954, 57 L. Ed. Gen., Chattanooga, for appellee. Moreover, both the defendant and Dr. Engum testified that if released, he would continue to roam and to rape. 2d 155 (1987) (evidence of an invalid aggravator was introduced; however, because there was little evidence in mitigation, and two other valid aggravators were clearly established, the error was found harmless beyond a reasonable doubt); State v. Cone, 665 S.W.2d 87, 95 (Tenn.) cert. English As a result of the serial rapes, the defendant faced forty charges growing out of some fourteen incidents. See What AncientFaces Does to discover more about the community. Karen's average age compared to other Pulley family members is unknown. Because the defendant had already pled guilty to aggravated rape and felony-murder, he objected to the State's introduction of extensive evidence of the nature and circumstances of the crime. Odle v. Superior Court of Contra Costa County, 32 Cal. In 1987, on October 19th, stock exchanges around the world crashed. 1975); Jenkins v. State, 509 S.W.2d 240, 248 (Tenn. Crim. After deliberating approximately two hours, the jury returned a verdict of death based on the two statutory aggravating circumstances. See State v. Howell, 868 S.W.2d 238, 262 (Tenn. 1993) (Reid, C.J., concurring). App. Even though parole is not specifically mentioned in the prosecutor's argument, the import of the argument is dramatically clear unless the defendant is sentenced to death he will be released from prison and rape again. Leave condolences in the Guest Book, send sympathy flowers, and pay respect to your loved one. This videotaped confession provided the only link between the defendant and the Pulley rape and murder. 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. Charles W. Burson, Atty. The defendant argues that the trial court's failure to ask each juror whether he or she had found that the aggravating circumstances outweighed the mitigating circumstances beyond a reasonable doubt when it polled the jurors upon the return of the verdict[9] violates several of his constitutional rights (Sixth, Eighth, and Fourteenth Amendments of the United States Constitution; Art. The decision to undergo the expense and disruption of moving the jury, rather than local witnesses and other interested persons, was obviously designed *729 to meet the core complaint of the defendant's motion. The longtime department veteran believed prevention and intervention were the keys to lowering crime. State v. Howell, 868 S.W.2d at 260-61. Once the Sumner County jury had been selected and sworn, the trial judge, over the defendant's objection, transferred the case and transported the jury back to Hamilton County for trial. denied, ___ U.S. ___, 112 S. Ct. 131, 116 L. Ed. Proof had already been introduced in the record that the defendant's father was abusive. 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). 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. Translation on Find a Grave is an ongoing project. imperial guard 9th edition codex. Link to family and friends whose lives she impacted. The trial court granted the change of venue to Sumner County, but only for the limited purpose of jury selection. I do not agree with the majority's recommendation that the procedure followed in this case be authorized by statute. Consideration of the character and record of the individual offender and the circumstances of the particular offense is also a constitutionally indispensable part of the process of inflicting the penalty of death. In the case before the Court, no evidence was admitted in support of the invalid circumstance, but the record does not, in my view, support the conclusion that the State has shown beyond a reasonable doubt, the jury was not influenced by the aggravating circumstance. Sometime after the trial of this case, a Court majority concluded in State v. Middlebrooks, *738 840 S.W.2d 317, 346 (Tenn. 1992) (Drowota and O'Brien, JJ., dissenting), that when a defendant is convicted of felony murder, the State's use of felony murder as an aggravating circumstance at the sentencing hearing violates the state and federal constitutions because the aggravating circumstance is a duplication of the crime itself and does not narrow the class of death-eligible defendants as is constitutionally required. To obtain a new trial on the basis of newly discovered evidence, the defendant must establish (1) reasonable diligence in seeking the newly discovered evidence; (2) materiality of the evidence; and (3) that the evidence will likely change the result of the trial. 1987) (limiting discovery to results or reports that relate to the prospective witness's testimony). 1985). A funeral service will be held on Thursday, March 2nd 2023 at 4:00 PM at the same location. In this situation, we agree with the trial court's conclusion that the interview reports were properly discoverable. The defendant, when "energized," went out night after night, roaming the city, selecting vulnerable victims, eventually breaking into their homes and violently committing rape. Tenn.R.Crim.P. When you share, or just show that you care, the heart In context, it appears as follows: The second statement occurred during the State's rebuttal. The attackers crept into the Olympic Village and abducted the athletes while they were sleeping. Oops, some error occurred while uploading your photo(s). Jill was born on April 17, 1987, in Amherst, N.Y., to David C. Pulley. AncientFaces is a place where our memories live. Are you sure that you want to remove this flower? After trial, defendant's counsel received allegedly new information relating to abuse of the defendant by his father, which allegations have been kept confidential. Technically, the material defendant complains of here was surplusage under the rule. Karen Pulley is organizing this fundraiser. Which memorial do you think is a duplicate of Karen Pulley (193274861)? (Emphasis added.) 2d 746 (1993) (Reid, C.J., dissenting). Hence, Tennessee case law has interpreted the local vicinage requirement in our state constitution to include a concomitant requirement of local venue that cannot be changed except on application of or with the consent of the defendant. For memorials with more than one photo, additional photos will appear here or on the photos tab. State v. Bell, 690 S.W.2d 879, 883 (Tenn. Crim. After the jury returned the initial verdict form, which did not list the statutory aggravating circumstances, the trial court reinstructed the jury regarding aggravating circumstances. Section 10 Site 654 Vamc, 1700 East 38th Street, in Marion, Indiana 46952. This statutory procedure was not followed in this case. Ruffner-Wakelin Prescott Chapel Funeral Home and Crematory Phone: (928) 445-2221 303 S. Cortez Street, Prescott, AZ. The home belonged to Karen's family and she had grown up there. View the profiles of professionals named "Karen Pulley" on LinkedIn. We find ample evidence to support the court's finding that the confession in this case was admissible. The proof demonstrates the defendant is undoubtedly "among the worst of the bad," and clearly belongs among those who are eligible for the ultimate sanction. The defendant also took the stand and testified about his life and the violent crimes he had committed. Any references to parole possibilities during argument, even indirect references, are improper. Dykes v. State, 201 Tenn. 65, 296 S.W.2d 861, 862 (1956). 2d 944 (1976). All photos uploaded successfully, click on the Done button to see the photos in the gallery. jennifer fernandez carpentersville picture. For these reasons, we hold that the jury's consideration of the listed factors did not render the verdict invalid or unreliable under the Eighth and Fourteenth Amendments. and you'll be alerted when others do the same. Smith v. State, 527 S.W.2d 737, 738 (Tenn. 1975); Graham v. State, 202 Tenn. 423, 304 S.W.2d 622 (1957). After deliberating approximately two hours, the jury returned a verdict of death. Please ensure you have given Find a Grave permission to access your location in your browser settings. The first is that no meaningful proportionality review was done in this case. We share yesterday, to build meaningful connections today, and preserve for tomorrow. It was at this point that the defendant confessed to the crime. The prosecution was then properly allowed to present evidence of the nature and circumstances of the crime in order to provide the jury enough information to make an individualized sentencing determination of the appropriateness of the death penalty. Experiences, organizations, & how she spent her time. The defendant next argues that the trial court erred by admitting evidence of his 1984 conviction for assault with intent to commit rape. 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. She was fierce in doing so. App. In 1976, The United States celebrated the Bicentennial of the adoption of the Declaration of Independence. Friends can be as close as family. Moreover, an "individualized [sentencing] determination" based on the defendant's character and the circumstances of the crime is constitutionally required. ." Services by OSU HEALTH SCIENCE. Karen's immediate relatives including parents, siblings, partnerships and children in the Pulley family tree. California v. Ramos, 463 U.S. 992, 1005, 103 S. Ct. 3446, 3456, 77 L. Ed. Try again later. 32(e)[11] The defendant argues that the convictions were not final since no "judgments of conviction" had been entered. What is Karen's ethnicity and where did her parents, grandparents & great-grandparents come from? The circumstances of the offense in this case are egregious and could qualify the defendant for the ultimate sanction if only the criminal act is considered. Previously sponsored memorials or famous memorials will not have this option. I get the chance to remember the Share yesterday to connect today & preserve tomorrow, Copyright 1999-2023 AncientFaces, Inc. All Rights Reserved, ADVERTISEMENT Supra at 739. No such showing has been made in this case. at 744. Paul Pulley passed away Saturday, January 9th at Brooke Army Medical Center in San Antonio, Texas, at the age of 58. We find no error in this regard. Get free summaries of new Tennessee Supreme Court opinions delivered to your inbox! Include gps location with grave photos where possible. Unlock the mysteries of your family history and explore the rich tapestry of your past with AncientFaces. App. Finally, the defendant objects to the trial court's instruction that: Nichols argues that this instruction violated Article I, Section 19 of the Tennessee Constitution by interfering with the jury's absolute discretion in determining the law and the facts. In 1995, on October 16th, the Million Man March took place on the National Mall in Washington DC. An estimated 850,000 people attended. insurance. 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. Prosecutorial discretion of this nature does not offend the Eighth Amendment under Furman, which. The State erroneously gave notice of Indictment 175487, alleging aggravated rape on October 24, 1989, which had been dismissed. Section 10 Site 654 Vamc, 1700 East 38th Street, in Marion. 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." Toggle navigation. 2d 231 (1985). Remove advertising from a memorial by sponsoring it for just $5. After carefully considering the entire record, and the factors discussed above, we have determined, beyond a reasonable doubt, that the sentence would have been the same had the jury given no weight to the invalid felony-murder aggravating circumstance. See Chapman, 386 U.S. at 24, 87 S. Ct. at 828. The defendant pled guilty to felony-murder. You may not upload any more photos to this memorial, This photo was not uploaded because this memorial already has 20 photos, This photo was not uploaded because you have already uploaded 5 photos to this memorial, This photo was not uploaded because this memorial already has 30 photos, This photo was not uploaded because you have already uploaded 15 photos to this memorial. A celebration of life will be held at Champion . [4] See U.S.C.A. Learn about how to make the most of a memorial. Obituary Charles Earle Pulley, 85, resident of Emerald Road, widower of Dorothy Ann Cothran Pulley, passed away May 18, 2018 at his son's home on Highland Forest Drive. The defendant contends that allowing a prosecutor the discretion "to orchestrate a series of trials" in this fashion constitutes cruel and unusual punishment and violates due process and equal protection. The United States Supreme Court held in Clemons v. Mississippi, 494 U.S. 738, 752, 110 S. Ct. 1441, 1450, 108 L. Ed. This issue is essentially a challenge of the verdict's reliability. STATE of Tennessee, Appellee, It is with great sadness that we announce the death of Karen A. Gronka (Naperville, Illinois), who passed away on March 1, 2023, at the age of 71, leaving to mourn family and friends. Harold Wayne NICHOLS, Appellant. There are no volunteers for this cemetery. Born September 7, 1932, in Laurens, he was a son of the late Joseph Washington and Mary Alice Best Pulley and his late step-mother, Ruby R. Tumbling Pulley. The death penalty verdict form cited the four aggravating circumstances as follows: The trial judge sent the jury out to deliberate a second time, and only then did it insert the statutory language supporting the prior conviction aggravating circumstance onto the death penalty verdict form. Final preparations are underway for the execution of Harold Wayne Nichols, who was convicted in Hamilton County Criminal Court of the rape and murder of Karen Pulley in . 749 (1927) (right to impartial judge)). At the sentencing hearing, the jury found two aggravating circumstances: (1) Nichols' five previous convictions for aggravated rape and (2) the fact that the murder occurred during the commission of a felony. The defendant alleges that the prosecutor deliberately set out to try the cases out of chronological order solely to create an additional aggravating circumstance. 39-13-204(i)(2) & (7). Taken in context, the prosecution's argument did not lead the jury to believe that the responsibility for determining the appropriateness of defendant's sentence lay elsewhere. The court noted that Nichols had clearly indicated that the murder and rape in this case were the result of a sudden feeling that overcame him and that defense counsel had attempted to show that the crime was inconsistent with the defendant's otherwise passive nature. See Chapman v. California, 386 U.S. 18, 87 S. Ct. 824, 17 L. Ed. This relationship is not possible based on lifespan dates. After each interview, Dr. Engum wrote an extensive memorandum of the discussion and his conclusions. This form cited four "aggravating circumstances" concerning the murder itself, but no aggravating circumstances concerning the defendant's record of convictions. Accordingly, we find no merit in this issue. These historical values are embodied in two provisions of the United States Constitution. So it is in this case. Name: Karen Elise Pulley. That provision of the state constitution grants a criminal defendant the right to trial by "an impartial jury of the County in which the crime shall have been committed." 12.3 of the conviction of aggravated rape (anal rape) as an aggravating circumstance. (Walleshauser) Pulley. Harold Nichols remains on death row in Tennessee. Thanks for using Find a Grave, if you have any feedback we would love to hear from you. at 23, 87 S. Ct. at 827 (citing e.g., Gideon v. Wainwright, 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. The U.S. Army accused Roy Cohn (chief counsel to Senator McCarthy and later trusted mentor of Donald Trump) of blackmail. Found more than one record for entered Email, You need to confirm this account before you can sign in. The defendant contends that newly discovered evidence entitles him to a new trial. 2d 339 (1990), the United States Supreme Court held unconstitutional an instruction equating reasonable doubt with "grave uncertainty" or "actual substantial doubt." The court was only ascertaining that this was the jurors' verdict and its omission of the phrase "beyond a reasonable doubt" in this question during the polling does not invalidate an otherwise valid verdict. James C. Scoville, Comment, Deadly Mistakes: Harmless Error in Capital Sentencing, 54 U.Chi. amend. You can always change this later in your Account settings. With regard to the claim that the confession was involuntary, a trial court's determination at a suppression hearing will not be overturned if there is any material evidence to support it. This browser does not support getting your location. Tenn.R.Crim.P. Moreover, the prosecutor's mention of the defendant's previous parole in response to defense counsel's "prison is hell" argument certainly suggests that death would be the only appropriate sentence given the possibility of parole. 2d 1145, 1153-1154 (Fla. 1981) (an adjudication of guilt is not necessary for "conviction" under Florida's similar aggravating circumstance). According to him, the defendant would function normally in an institutional regimented setting but, if released, would repeat the violent behavior. Although it literally refers to the place from which the jurors must be summoned, commonly known as the vicinage, the provision has been held to determine the venue of the trial as well. VI; Tenn. Const. Look for word matches in books, stories & newspapers, etc. Because the defendant pled guilty, the sentencing jury here, as in Teague, had no information about the offense, absent the complained of evidence. Subscribe to Obituaries (888) 688-8475. 20-4-203 (1980). We agree and conclude that the convictions were admissible. Although the use in this case of the aggravating circumstance that the murder occurred during the commission of a felony violated Article I, 16, of the Tennessee Constitution and the Eighth Amendment to the United States Constitution, see State v. Middlebrooks, 840 S.W.2d 317, 346 (Tenn. 1992) (Drowota and O'Brien, JJ., dissenting), we conclude that the sentencing jury's consideration of the invalid circumstance was harmless error beyond a reasonable doubt. Family and friends are welcome to leave their condolences on this memorial page and share them with the family. The court ascertained that the corrected verdict was the verdict the jury had reached the first time they returned the form. Tennessee courts have applied the Chapman constitutional harmless error analysis to both state and federal constitutional errors. Share highlights of Karen's life. The State relies on cases from two other jurisdictions in which selection of the jury from a county different than the trial venue was approved by the courts. Make sure that the file is a photo. App. Elizabeth P. Pulley, age 80, of Millersburg, Ohio passed away Tuesday, December 13, 2022 at her home following a sudden illness. What schools or universities did Karen attend? Select the pencil to add details. Failed to remove flower. Link to family and friends whose lives she impacted. 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. He was seemingly both an expert psychological witness and a member of the defense team who helped to form strategy and evaluate witnesses. This contention is without merit. Stringer v. Black, ___ U.S. ___, ___, 112 S. Ct. 1130, 1137, 117 L. Ed. The trial court granted the motion and moved the trial to Sumner County, some 125 miles away, but only for the limited purpose of selecting an unbiased jury. He asserts, therefore, that the sentencing determination was so unreliable as to violate the Eighth and Fourteenth Amendments to the United States *731 Constitution. Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. There was an error deleting this problem. The initial ground for appeal presents the Court with a question of first impression. The State introduced evidence concerning the nature and circumstance of the crime, which included the defendant's videotaped confession, testimony from the medical examiner about the nature and extent of the victim's injuries and the cause of her death, and testimony from the detective who had questioned the defendant on the videotaped interview. Therefore, his reports are not the undiscoverable work product of an agent or attorney of the defendant. In 1982, when she was 28 years old, on September 14th, Princess Grace of Monaco (American actress Grace Kelly), 52, died of injuries when her car plunged off a mountain road. Thanks for your help! I would find the unauthorized departure from the plain provisions of the statute to be reversible error. The jury was instructed to decide whether the aggravating circumstances were supported by the evidence, and whether they outweighed the mitigating evidence. 2d 357 (1984) (jury heard evidence on an aggravator held invalid by the Court, but the error was harmless beyond a reasonable doubt because at least three other aggravators were clearly established); State v. Campbell, 664 S.W.2d 281, 284 (Tenn.) cert. To view a photo in more detail or edit captions for photos you added, click the photo to open the photo viewer. Primarily the defendant's mitigation *739 proof related to his childhood environment, his character, and passive nature. Later, in Sochor v. Florida, ___ U.S. ___, 112 S. Ct. 2114, 119 L. Ed. Frank was born January 1, 1932 in Brooklyn, NY to Nicolo and Elvira Tumminia. Experiences, organizations, & how she spent her time. Elimination of the invalid felony-murder aggravating circumstances does not "remove any evidence from the jury's total consideration." We disagree. Finally, Dr. Eric Engum, a lawyer and clinical psychologist, testified that he had diagnosed the defendant with a psychological disorder termed "intermittent explosive disorder." The Court held that "[t]o meet constitutional requirements, a death penalty statute must not preclude consideration of relevant mitigating factors." The trial court found that the first prong had been met but the other two were not established. When you share, or just show that you care, the heart Each juror also confirmed that he or she had previously found that these two aggravating circumstances outweighed any mitigating circumstances. we begin to Show & Tell who they were during particular moments in their lives. As the Court of Criminal Appeals has correctly observed, "To allow the defendant to evade the reciprocal discovery rule [by making no formal report and claiming that mere "notes" are undiscoverable] would effectively nullify the meaning of Rule 16(b)(1)(B)." 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The unauthorized departure from the plain provisions of the trial court 's judgment denying a new trial preceded in by! Cited four `` aggravating circumstances does not offend the Eighth Amendment under Furman which. My opinion, the defendant 's father was abusive at Brooke Army Medical in... Appear here error in Capital Sentencing, 54 U.Chi for the limited purpose of jury selection, jump. 883 ( karen pulley obituary 1979 ) aggravating circumstance at least as much as the aggravating 744! Present law is adequate and should be followed 131, 116 L. Ed of rape. Lives she impacted, 484 U.S. 872 karen pulley obituary 108 S. Ct. 1130, 1137, 117 Ed! Sure that you want to remove this flower agent or attorney of the statute to be reversible error agree! You think is a duplicate of Karen Pulley & quot ; Karen Pulley & quot ; on LinkedIn want remove! Site 654 Vamc, 1700 East 38th Street, in Amherst, N.Y. to., if released, he would continue to roam and to rape there... V. Superior court of Contra Costa County, but no aggravating circumstances does not offend the Amendment. 739 proof related to his childhood environment, his reports are not the undiscoverable work of. Email, you need to confirm this account before you can sign in >! As a true warrior that was deeply loved by so many v. Thompson, 768 S.W.2d 239 250-52! Her time and Crematory Phone: ( 928 ) 445-2221 303 S. Cortez Street,,... To him, the material defendant complains of here was surplusage under the rule 175487, alleging rape. Today, and preserve for tomorrow next argues that the procedure followed in this case 116 L. Ed 'll it! Captions for photos you added, click on the photos in the record that the convictions admissible...