Shawn Lawrence Corbally v. State of Indiana
2014 Ind. App. LEXIS 109
| Ind. Ct. App. | 2014Background
- Sometime after 4:00 a.m. on July 29, 2012, M.R. was assaulted in her Greenwood apartment by Corbally at knife point.
- The attack lasted approximately two hours and involved multiple sexual acts, with threats made to harm M.R. or her children.
- M.R. observed a brick-sleeve tattoo on the assailant’s left arm and later identified Corbally from a photo lineup; Corbally wore camouflage cargo shorts.
- DNA testing linked Corbally to the crime scene: seminal fluid in M.R. and M.R.’s DNA on Corbally’s shorts.
- A lead investigator testified about M.R.’s statements; the court allowed hearsay testimony that referenced those statements.
- Corbally was convicted of eight counts (Class A burglary, Class A rape, four counts of Class A criminal deviate conduct, two counts of Class B criminal confinement) and sentenced to 270 years, later reduced to 165 years on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of hearsay statements | Corbally challenges hearsay testimony by Cummings about M.R.’s statements. | Corbally argues trial court misapplied evidence rules permitting prior statements as substantive evidence. | Hearsay was admitted in error but harmless. |
| Sentence appropriateness | Corbally contends the 270-year aggregate sentence is excessive for a single episode. | Corbally emphasizes his criminal history affecting the severity of the sentence. | Sentence revised to 165 years. |
Key Cases Cited
- Modesitt v. State, 578 N.E.2d 649 (Ind. 1991) (prior consistent statements limited; switch to Rule 801(d)(1))
- Patterson v. State, 324 N.E.2d 482 (Ind. 1975) (prior statements restricted for substantive use)
- Horan v. State, 682 N.E.2d 502 (Ind. 1997) (distinguishes credibility challenges from fabrication charges)
- Thomas v. State, 749 N.E.2d 1231 (Ind. Ct. App. 2001) (improper use of prior consistent statements with credibility attacks)
- Kindred v. State, 973 N.E.2d 1245 (Ind. Ct. App. 2012) (caution on course-of-investigation testimony)
- Willis v. State, 776 N.E.2d 965 (Ind. Ct. App. 2002) (harmless-error assessment for improper bolstering)
- Akard v. State, 937 N.E.2d 811 (Ind. 2010) (long sentences for single-episode sexual offenses; comparators)
- Horton v. State, 949 N.E.2d 346 (Ind. 2011) (revised excessive sentence in particular circumstances)
- Serino v. State, 798 N.E.2d 852 (Ind. 2003) (sentencing review considerations; consistency in punishment)
- Knight v. State, 930 N.E.2d 20 (Ind. 2010) (consideration of similar-acts sentencing guidance)