304 So.3d 685
Miss. Ct. App.2020Background
- Dec. 26, 2013: Three men (Booker, Shields, Collins) discussed "hitting a lick" and went to Goon’s Grocery; Davis Goon was shot and later died during the incident.
- Witnesses saw three men flee the store; a Mountain Dew cap recovered at the scene produced DNA consistent with Booker.
- Coahoma County Sheriff Jones observed men running from the area shortly after the shooting, later identified Collins from a six-person photo lineup, and testified at trial.
- Collins turned himself in Jan. 4, 2014, gave a recorded statement denying participation in the shooting but admitted fleeing the scene; he was indicted for conspiracy to commit robbery and capital murder.
- Trial court denied Collins’s motion to suppress Jones’s out-of-court identification; a jury convicted Collins of conspiracy and capital murder; Collins appealed.
- On appeal Collins argued the photo lineup was impermissibly suggestive, identifications were unreliable, and the evidence was insufficient or against the weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Photo-lineup suggestiveness / ID reliability | Collins: Sheriff Jones knew Collins beforehand, so lineup was suggestive and IDs unreliable | State: Lineup not impermissibly suggestive; trial judge credited Jones’s testimony that he did not know Collins pre-lineup; IDs admissible | Court: Denial of suppression affirmed; judge’s credibility finding stands; no unnecessary law-enforcement suggestiveness shown |
| Sufficiency / weight of evidence for conspiracy and capital murder | Collins: Insufficient proof he agreed to rob; not tied to murder | State: Evidence (statements, eyewitnesses, flight, presence with armed co-defendant, DNA linking co-defendant) supports inference of conspiracy; capital murder applies to killings committed during robbery even if defendant not shooter | Court: Evidence was sufficient and verdict not against overwhelming weight; conviction and denial of new trial affirmed |
Key Cases Cited
- Butler v. State, 102 So. 3d 260 (Miss. 2012) (standard for impermissibly suggestive lineups and reliability inquiry)
- Thompson v. State, 483 So. 2d 690 (Miss. 1986) (defendant bears heavy burden in challenging pretrial identifications)
- Perry v. New Hampshire, 565 U.S. 228 (2002) (no preliminary reliability inquiry required absent police-arranged suggestiveness)
- Randolph v. State, 852 So. 2d 547 (Miss. 2002) (trial judge is factfinder at suppression hearings)
- Moore v. State, 933 So. 2d 910 (Miss. 2006) (deference to trial court credibility determinations)
- Berry v. State, 996 So. 2d 782 (Miss. 2008) (conspiracy may be inferred from acts and circumstances; only slight evidence needed to connect defendant)
- Morgan v. State, 741 So. 2d 246 (Miss. 1999) (conspiracy proven by conduct and circumstances)
- Dampier v. State, 973 So. 2d 221 (Miss. 2008) (capital-murder liability under § 97-3-19(2)(e) does not require proof that defendant was shooter; applies when killing occurs during commission of robbery)
- Ronk v. State, 172 So. 3d 1112 (Miss. 2015) (clarifies that subsection for capital murder during robbery does not require proof of murder elements)