In a decision issued Tuesday afternoon, the justices unanimously reversed the Indiana Court of Appeals’ decision to dismiss the case against Corbin. The case has been set for a hearing before Starke Circuit Court Judge Kim Hall on Friday, Oct. 10 at 10 a.m. CT.
Corbin was arrested in 2012 on attempted child seduction charges stemming from alleged Facebook messages that were sexual in nature between the former Knox High School teacher and a then-16-year-old female student. The case was before Starke Circuit Court Judge Kim Hall when Corbin’s attorney filed a motion to dismiss the charges, citing that the defendant was not in the physical proximity of the victim to support the charges filed. Judge Hall denied the motion. Corbin’s attorney appealed and the Indiana Court of Appeals overturned Judge Hall’s ruling.
The Court of Appeals ruled that Internet solicitations did not constitute a substantial step toward the crime of child seduction as they were merely an invitation.
The case then went to the Indiana Supreme Court where oral arguments were presented in April.
In the Supreme Court decision, it was noted that all of the other case law pertaining to similar cases were after a review of conviction after all of the evidence had been presented and not all evidence is known in Corbin’s case. Court documents indicate a dismissal of the case is not required, and there are enough unanswered questions to affirm Judge Hall’s denial of the motion to dismiss.
Starke County Prosecutor Nicholas Bourff is pleased with the court’s decision.
“The citizens of Starke County should decide what the outcome of this case should be, not the Court of Appeals,” he said in a statement.
The ruling can be found here: Indiana Court of Appeals Decision