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Judges affirm 65-year murder sentence

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Nothing about the defendant’s “extremely violent character” merited the Indiana Court of Appeals to reduce his murder sentence, the appellate judges ruled Friday.

James Lee Paul was convicted and sentenced to 65 years for the murder of Charles Burns Jr.

Paul and Richard Wroten went to Burns’ home, where Paul beat the sleeping man in the head with a crowbar as many as 60 times. Paul had a feud with Burns’ father over Paul’s personal property.

After the murder, Paul and Wroten washed themselves up and Paul threatened Wroten not to call the cops. Later that night, Wroten told police about what happened and where they could find Paul. The police did not know which apartment was Paul’s, but saw him through an open apartment door, working on Burns’ bicycle. Police did not have a search warrant when they announced themselves, entered his apartment, and arrested Paul. After securing a search warrant, police confiscated the bicycle and a backpack containing bloody clothes and the murder weapon.

Paul claimed the trial court’s decision to not suppress the evidence violated the Fourth Amendment. The COA found the trial court didn’t abuse its discretion in admitting the evidence because the police found themselves in a situation where they saw Paul, whom they had probable cause to believe he just committed a vicious murder, while the police where standing on an exposed stairway.

“Not knowing whether Paul had a weapon and could cause them or tenants harm if they tried to retreat down the exposed stairway, the officers made the arrest. Furthermore, at the time the officers observed Paul from the stairs, he appeared to be tampering with Burns’ bicycle, which was a major piece of evidence in the case,” wrote Judge Carr Darden. “We cannot say that the trial court abused its discretion as the danger to the officers and tenants, coupled with the tampering of evidence, was an exigent circumstance that made it impracticable for the officers to obtain an arrest warrant before making the arrest.”

The judges declined to revise his sentence, citing Paul’s “gory act” of repeatedly beating Burns’ as he slept.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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