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Judges reduce rapist’s sentence to 165 years

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The Indiana Court of Appeals Wednesday slashed 105 years from a convicted rapist’s sentence, concluding the original 270-year sentence was far outside the norm for a single episode of conduct against a single victim.

Shawn Corbally broke into a Greenwood woman’s apartment in July 2012 and forced M.R. to engage in numerous sexual acts for two hours while making threats to harm her or her children, who were in the apartment. Her 1-year-old child was asleep in the bed with her when Corbally began assaulting the woman. She was able to identify Corbally because she saw his tattoo on his left arm depicting bricks. She also saw he was wearing cargo shorts and was able to see his face when he led her outside.

Police recovered his and M.R.’s DNA on the camouflage shorts they found in Corbally’s duffle bag. He was convicted of Class A felony burglary, Class A felony rape, four counts of Class A felony criminal deviate conduct, and two counts of Class B felony criminal confinement. He was sentenced to 270 years.

Corbally appealed in Shawn Lawrence Corbally v. State of Indiana, 41A04-1304-CR-175, on two grounds: that the trial court improperly allowed Greenwood Police Department investigator Patti Cummings to relate the contents of her interview with the victim, and that his sentence is inappropriate.

Cummings testified as to what M.R. had told her about the attack during an interview conducted the day after it occurred. Corbally’s attorney objected, arguing the state was asking Cummings to relate hearsay, but withdrew the objection after she told the court she could not stipulate to M.R.’s credibility.

The trial court erred in telling Corbally’s attorney that any challenge to M.R.’s credibility allowed the state to introduce prior consistent statements by her, the Court of Appeals held. The judges were skeptical of the state’s argument that Cummings’ testimony should be allowed because it was in some way related to the course of investigation work that led to Corbally’s arrest.

“Cummings almost completely rehashed the grisly details of the crimes as already testified to by M.R. Such evidence was entirely irrelevant to the course of the investigation, and it was not admissible as ‘course-of-investigation’ evidence. The trial court abused its discretion in admitting this evidence,” Judge Michael Barnes wrote.

But, this admission was a harmless error, the judges ruled, as there is overwhelming independent evidence of Corbally’s guilt.

Barnes and Judge Elaine Brown chose to reduce Corbally’s sentence after looking at other cases involving similar circumstances. Barnes noted that the longest affirmed sentence imposed for a single episode of sexual violence against one victim was 151 years since the adoption of the “inappropriate” standard for reviewing sentences. The majority decided to reduce his sentence to an aggregate of 165 years after concluding his 270-year sentence is an “outlier” in need of revision.

Judge Margret Robb dissented without opinion regarding the sentencing issue.
 

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  • Really?
    Horrible crime . . . but, really? Is there a realistic difference between 270 years and 105 years here that requires the appellate court's time and effort? Assuming the evildoer is not Methuzulla (sp), I assume a 105 year sentence will do to keep him in prison for life . . . but so would a 270 year sentence. So why bother?

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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