Razien McCullough v. State of Indiana
2013 Ind. App. LEXIS 178
Ind. Ct. App.2013Background
- McCullough lived with Miles, Archie, and Archie’s two children in Indianapolis; December 8–9, 2010, he killed Miles and Archie.
- He discharged shots to Miles in the head and to Archie in the head and thigh, then concealed the bodies on the back porch.
- McCullough told police he acted in self-defense; the State charged him with two counts of murder.
- A jury convicted McCullough as charged; the trial court imposed consecutive sentences totaling 115 years.
- The court found aggravating factors (multiple victims, criminal history) and mitigating factors (some mental health notes, self-reporting) but still imposed harsh terms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency to rebut self-defense claim | State proved beyond a reasonable doubt. | McCullough acted in self-defense. | S sufficient evidence rebutted self-defense. |
| Appropriateness of sentence | Sentence appropriate given offenses and history. | Sentence is inappropriate and mitigated by illness. | Aggregate 115 years affirmed as appropriate. |
Key Cases Cited
- Birdsong v. State, 685 N.E.2d 42 (Ind. 1997) (state bears burden to rebut self-defense elements)
- Wallace v. State, 725 N.E.2d 837 (Ind. 2000) (three elements for self-defense; State bears burden)
- Hood v. State, 877 N.E.2d 492 (Ind. Ct. App. 2007) (State may rely on evidence in chief to rebut defense)
- Wilson v. State, 770 N.E.2d 799 (Ind. 2002) (standard of review for sufficiency of rebuttal evidence)
- Serino v. State, 798 N.E.2d 852 (Ind. 2003) (consecutive sentences appropriate for multiple victims)