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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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