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Court upholds man’s molestation convictions

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Finding no juror misconduct or any fundamental error in the admission of certain testimony during a man’s trial for molesting his daughter, the Indiana Court of Appeals upheld his multiple molestation convictions. He will also have to file a petition for post-conviction relief to challenge his habitual offender adjudication.

Brandon Robey was found guilty of four counts of Class A felony child molesting and two counts of Class C felony child molesting for molesting his six-year-old daughter, A.P. After trial, he admitted that he was a habitual offender and habitual substance offender, and he was sentenced to an aggregate term of 110 years.

But in Brandon Robey v. State of Indiana, 12A02-1306-CR-502, Robey argued that the trial court erred in denying his motion to correct error on the basis of alleged juror misconduct. Juror John Brannan knew of Robey from his previous employment at the county jail. Brannan did not work there when Robey was incarcerated on the molestation charges.

After he was convicted, two other jurors had a conversation on Facebook that said Brannan told them Robey bragged about raping his daughter and getting away with it. When juror Julie Gillespie testified about the conversation, she said that information came up after the jury had made a unanimous decision to convict Robey.

The Court of Appeals rejected Robey’s request for a retrial, finding the court was entitled to believe Gillespie’s testimony and did. They declined to reweight the evidence.

The judges also found he was not denied a fair trial based on the admission of statements by his daughter’s child services interviewer and her psychologist.  The DCS case managers comments were general in nature, and she did not directly comment on whether A.P.’s accusations against Robey were true in particular or whether A.P. was a truthful person in general, as allowed by Kindred v. State, 973 N.E.2d 1245 (Ind. Ct. App. 2012), Judge Cale Bradford wrote.

The judges only found one statement by the child’s counselor that constituted impermissible vouching, however, it was at most merely cumulative of her previous statements, both of which were elicited by Robey.

And even though Robey’s prior conviction for possession of a controlled substance can’t be used to support his habitual offender adjudication, he cannot challenge it on direct appeal based on Tumulty v. State, 666 N.E.2d 394 (Ind. 1996).  

“There is, quite simply, no room in Tumulty’s holding for any exceptions to the rule that you cannot challenge a habitual offender adjudication on direct appeal after pleading guilty. If Robey wishes to further challenge the factual basis underlying his admission to being a habitual offender, he will have to do so in a PCR petition,” Bradford wrote.

 

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  1. Nice work, Courtney!

  2. The O'Banions also sued Ford claiming the Roush vehicle's throttle cable was defective and stuck, and did not present evidence or argue to the contrary at trial. The proceedings were delayed by an appeal on the admissibility of expert testimony in which O' Banions also joined with the Roush Estate.

  3. AP writes "The justices will hear the appeal of the Colorado baker that pits his claims of religious freedom against the rights of the same-sex couple who wanted a wedding cake to commemorate their marriage." HOW ABOUT IF THIS WERE THIS ISSUE: "The justices will hear the appeal of the Colorado Jewish videographer that pits his claims of religious freedom against the rights of the Holocaust deniers who wanted to hire his photography studio to shoot their documentary debunking the six-million-cremated-theory ..." Would anyone doubt that the Jewish fellow's rights triumphed? Or how about "The justices will hear the appeal of the Colorado black carpenter that pits his claims of religious freedom against the rights of a white supremacist who wants a gallows built on his property to stage the mock hanging of former president Obama." Hey, would anyone doubt that the Black fellow's rights to contract triumphed? BUT ... make the "villain" in the story Christian conservatives (insert two minute hate here) and the victims gay (so cute they are), and it is bar the door Katie, for Big Brother's judicial stormtroopers simply must weigh in to wash clean the minds of any who would DARE to dissent from the elists' mandated spiritus mundi.

  4. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  5. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

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