Collett v. State, 305 Ga. 853

Victim: nine-year-old Skylar Dials was reported missing on Dec. 21, 2012; her body was found in a brush pile behind the neighbor’s house early Dec. 22, 2012.
Defendant Shane Collett lived next door; during searches he denied knowledge, changed stories, avoided eye contact, and purported to help while never approaching the brush piles.
Forensics: Dials had neck trauma and brain swelling; medical examiner ruled cause of death as asphyxiation from prolonged neck compression and concluded death was not accidental.
Fibers from Collett’s bedroom, including a clump from his blanket, were found on Dials’s sweater and indicated prolonged contact; no evidence Dials was moved after placement in the brush pile.
Collett eventually admitted Dials surprised him in his home, saying he knocked her unconscious and later moved her to the brush pile; he claimed uncertainty whether she was breathing when placed there.
Procedural posture: Collett was convicted of malice murder and concealing the death of another; sentenced to life without parole and concurrent 10 years; appeals court affirms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for malice murder and concealing death	State: Circumstantial proof (injuries, fiber transfer, conduct, lies) excludes reasonable hypotheses other than guilt	Collett: evidence insufficient — no proof he intended death, no proof act caused death, uncertainty when she died	Affirmed: evidence viewed favorably to verdict allowed jury to exclude other reasonable hypotheses and find guilt beyond reasonable doubt
Jury instruction on lesser included offense (reckless conduct)	N/A (prosecution opposed); state maintained evidence showed intentional act, not mere criminal negligence	Collett: dropping body into brush pile could be reckless conduct, warranting instruction	Denied: record showed fatal injuries inflicted before movement; reckless conduct instruction not authorized by evidence
Jury instruction on mistake of fact	N/A	Collett: claimed he did not know she was dead when he placed her in brush pile, negating required mental state	Denied: medical evidence showed lethal act (prolonged neck compression); ignorance of exact moment of death did not negate mental state
Challenge to other counts (merged/vacated)	N/A	Collett challenged other counts but they were merged or vacated	Moot: appellate court did not review merged/vacated counts; affirmance concerns malice murder and concealment only

Dixon v. State, 302 Ga. 691 (discussing merger and appellate review)
White v. State, 287 Ga. 713 (standard when convictions merge or are vacated)
Akhimie v. State, 297 Ga. 801 (circumstantial-evidence review; excluding other reasonable hypotheses)
Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence review)
Stokes v. State, 281 Ga. 875 (requested jury charge must be legal, apt, and authorized by evidence)
Bryson v. Jackson, 299 Ga. 751 (no error in refusing unwarranted jury charge)
Salyers v. State, 276 Ga. 568 (definition of reckless conduct/criminal negligence)
Allen v. State, 290 Ga. 743 (mistake of fact negates required mental state when supported by evidence)