Allen Joseph Collins v. State
2015 WY 92
| Wyo. | 2015Background
- Collins was convicted of second-degree sexual abuse of a minor after a trial in Wyoming.
- The State’s witnesses included CT and JP, both nine, CT describing repeated touching by Collins.
- A DFS/forensic interview of CT was introduced; the transcript was not admitted as an exhibit.
- Detective Jarvie testified about interviewing Collins and the jailhouse calls; the State played portions of these recordings.
- Defense cross-examined CT using the DFS transcript to challenge suggestibility and coaching; no defense witnesses were presented.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did prosecutor’s rebuttal about defense’s failure to introduce the transcript constitute error | Collins argues burden-shifting comment harmed him | State contends no prejudicial error; district court discretion | No reversible error; no prejudice shown |
| Did prosecutor’s rebuttal on lack of confession violate right to silence | Collins contends comments impermissibly invoked silence rights | State argues comments framed as alternative inference, not silence | Not plain error; comments did not violate right to remain silent |
| Was telling the jury there was a choice between liars or guilty plain error | Collins claims improper credibility appeal | State asserts jury could infer credibility from evidence | Not an improper rule violation; permissible inference-based argument |
| Did prosecutor’s reference to JP as a “hero” amount to improper vouching | Collins argues personal credibility endorsement | State contends prosecutor drew reasonable inference from testimony | Not improper vouching; consistent with Teniente/ Burton |
| Was the transcript issue and related remarks, taken together, prejudicial as plain error | Conviction affirmed; no plain error established |
Key Cases Cited
- Schafer v. State, 2008 WY 149 (Wy. 2008) (prosecutor cannot suggest defendant bears burden of proof; standard review for abuse of discretion)
- Bland v. State, 803 P.2d 856 (Wy. 1990) (burden-shifting remark improper but curable by instructions)
- Seymore v. State, 2007 WY 32 (Wy. 2007) (burden-shifting/closing remarks remolded; abrogated on other grounds by Granzer)
- Guy v. State, 2008 WY 56 (Wy. 2008) (confession not required for conviction; right to remain silent not violated)
- Tortolito v. State, 901 P.2d 387 (Wy. 1991) (prosecutor’s remarks about silence impermissible when directly commenting on right to remain silent)
- Spinner v. State, 2003 WY 106 (Wy. 2003) (silence as evidence improper; but context matters)
- Jensen v. State, 2005 WY 85 (Wy. 2005) (prosecutor may argue witness credibility where supported by evidence.)
- Beaugureau v. State, 2002 WY 160 (Wy. 2002) (prosecutor may describe witnesses as honest when supported by trial record)