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Justices to review teacher’s explicit messages to student

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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.

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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