ILNews

Justices to review teacher’s explicit messages to student

Back to TopCommentsE-mailPrintBookmark and Share

A Starke County teacher who was charged with sending sexually explicit Facebook messages to a 16-year-old student will have to face the Indiana Supreme Court, which will review the Court of Appeals’ order to dismiss the counts.

Robert Corbin was charged with two counts of attempted child seduction that were dismissed on appeal by the COA. Judge Paul Mathias wrote for the panel in Robert Corbin v. State of Indiana, 75S03-1401-CR-13, that while Corbin’s behavior toward the student was “deplorable and immoral,” he had not taken the substantial step toward the crime that the statute requires.

Corbin was a teacher and swim coach at Knox High School in northwest Indiana when he sent messages of a sexual nature to the student. A relative discovered the messages and alerted police, who interviewed Corbin. He was charged with two Class D felonies under I.C. 35-41-5-1, 35-42-4-7(k)(1) and 35-42-4-7(k)(2)(A)(ii).

The trial court refused to dismiss the charges in which authorities said Corbin took the substantial step toward the crime by asking the student to sneak out of her house, after which he would pick her up.

Relying on Ward v. State, 528 N.E.2d 52, 55 (Ind. 1988), Mathias wrote, “we are constrained to conclude that Corbin’s Internet-based solicitations ...  did not constitute a substantial step toward the crime of child seduction.”

The Corbin case was one of three granted transfer for the week ending Jan. 10.

Justices also agreed to grant transfer to an appeal in a case where a juror who admitted bias was not struck by the court, and a defense attorney chose not to send the potential juror home with a final peremptory strike.

In Gary Wayne Oswalt v. State of Indiana, 35S02-1401-CR-10, Gary Wayne Oswalt appeals his convictions and 84-year sentence on two charges of Class A felony child molesting, five Class D felony counts of possession of child pornography and Class D felony child seduction.

The court also agreed to hear an appeal of a not-for-publication opinion, Curtis F. Sample, Jr. v. State of Indiana, 45S03-1401-CR-11. Curtis Sample’s convictions of Class A felony attempted murder and Class B felony criminal confinement were previously affirmed by the high court, but his habitual offender finding was remanded for a new hearing.

Sample again was found to be a habitual offender, affirmed by the appeals court which found the trial court didn’t commit reversible error when it allowed prosecution witnesses to testify that a victim of two predicate offenses was mentally infirm.  

The Supreme Court also denied 24 transfer requests. The court transfer disposition list may be viewed here.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  2. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  3. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  4. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  5. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

ADVERTISEMENT