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Court affirms man’s sentence for murdering wife

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A Lawrence County man was unable to convince the Indiana Court of Appeals that his 65-year sentence for the murder of his wife in 2009 should be reduced to the advisory sentence of 55 years.

Larry Michael Caraway shot his wife Denise seven times in the stomach, head and arm after arguing over an unpaid utility bill. The day he shot his wife, Caraway drank very heavily, consuming more than 20 beers, and he also took four Valium pills. He was charged with murder and Class D felony altering the scene of death for trying to make it look like Denise Caraway shot herself. He agreed to plead guilty in 2010, and the trial court sentenced him to the maximum 65 years. Lawrence Circuit Judge Andrea K. McCord found Caraway’s intoxicated state and that he was in a position of trust outweighed the mitigators.

Caraway appealed and the Court of Appeals ordered the trial court to consider Caraway’s guilty plea as a mitigating factor. On remand, McCord resentenced Caraway to 65 years, finding he received some benefit from the plea, delayed entering his guilty plea, and that his decision to plead guilty was “merely a pragmatic one.” She again found Caraway’s state at the time of the shooting and his position of trust outweigh that he pleaded guilty and other mitigators.

On Wednesday, the appellate judges affirmed the sentence in Larry Michael Caraway v. State of Indiana, 47A04-1205-CR-265, finding Caraway’s character and the nature of the offense don’t justify reducing the sentence. He’s had a long history of drinking and offenses dating back to 1980 but apparently never sought treatment. The judges also agreed with McCord’s reasoning as to the amount of weight she gave Caraway’s guilty plea.

 

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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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