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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. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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