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Self-defense claim of man who killed 2 fails on appeal

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An Indianapolis man’s claim that the state failed to disprove his claim of self defense did not persuade the Indiana Court of Appeals to revisit his two murder convictions and sentence of 115 years in prison.

Razien McCullough was convicted of the December 2010 killings of Lawrence Miles and Miles’ young daughter, Archie, with whom McCullough and the child’s mother shared a home. After an argument in the basement, McCullough obtained a handgun and shot the victims in the head, according to the court record. McCullough concealed the victims’ bodies on a back porch before calling police.

“The only evidence that he acted without fault or that his reactions were reasonable was contained in his statement to police, an audio recording of which was played to the jury. The jury, however, was under no obligation to credit this evidence and did not,” Judge Cale Bradford wrote for the court in an eight-page ruling.

 “In light of the nature of his offenses and his character, McCullough has failed to establish that his 115-year aggregate sentence for two murders is inappropriate,” Bradford wrote in Razien McCullough v. State of Indiana, 49A02-1210-CR-789.

The case on appeal from Marion Superior Judge Mark Stoner relies exclusively on an audio/video record prepared under a pilot project, the court indicated in a footnote. The panel of Bradford and judges James Kirsch and Melissa May will review about 15 cases from Stoner’s court and a like number from courts in Allen County and Tippecanoe County.

 



 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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