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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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