Collins v. State
966 N.E.2d 96
| Ind. Ct. App. | 2012Background
- Collins killed McKinley Collins after a married dispute that escalated from argument to physical confrontation.
- McKinley attacked Collins with a knife; Collins retrieved a firearm and shot him five times.
- Police responded to a residential alarm; officers observed Collins with injuries but no signs of forced entry.
- State alleged murder; Collins defense argued battered woman syndrome and self-defense.
- During trial, State admitted 1979 out-of-state battery evidence; Collins challenged admissibility; jury convicted Collins of voluntary manslaughter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jury instruction sufficiency on lesser offense | Collins contends involuntary manslaughter should have been given. | State contends voluntary manslaughter instruction appropriate. | Voluntary manslaughter instruction proper; involuntary not required. |
| Admission of 404(b) evidence of 1979 battery | Evidence not sufficiently linked to charged crime; prejudicial. | Evidence relevant to motive/intent; probative value outweighs prejudicial effect. | Trial court abused its discretion admitting 1979 404(b) evidence. |
| Prosecutorial misconduct during closing | State improperly highlighted 1979 charge and cast defense counsel as dishonest. | Arguments were permissible characterization of evidence. | Fundamental error; reversible; new trial ordered. |
Key Cases Cited
- Hicks v. State, 690 N.E.2d 215 (Ind. 1997) (standard for admissibility of 404(b) evidence; probative value vs. prejudice)
- Watts v. State, 885 N.E.2d 1228 (Ind. 2008) (evidence of sudden heat sufficiency in voluntary manslaughter context)
- Champlain v. State, 681 N.E.2d 696 (Ind. 1997) (inherently included lesser offense; voluntary manslaughter proper when sudden heat shown)
- Fox v. State, 506 N.E.2d 1090 (Ind. 1987) (definition of sudden heat for voluntary manslaughter guidance)
- Wilson v. State, 765 N.E.2d 1265 (Ind. 2002) (involuntary manslaughter as factually included offense analysis)
- Perry v. State, 956 N.E.2d 41 (Ind. Ct. App. 2011) (disproving initial aggressor; use of prior misconduct to rebut self-defense)