Collins v. State
2011 Miss. App. LEXIS 299
| Miss. Ct. App. | 2011Background
- Collins was convicted in Harrison County Circuit Court of three counts sexual battery, one count touching a child for lustful purposes, and one count statutory rape; sentences: fifteen years on Counts I–IV, twenty years on Count V, with Count V consecutive, total 35 years in MDOC.
- Collins moved for a new trial, which the trial court denied.
- Victim S.C. was sixteen at trial and twelve or thirteen during the abuse; she testified to multiple acts of sexual contact by Collins.
- S.C. testified Collins touched her breasts and vagina, performed and received oral sex, and they had intercourse; she said she would get in trouble if she told anyone.
- S.C.'s brother testified he saw S.C. and Collins together in Collins's bedroom on multiple occasions with lights off; he could not see what occurred.
- Dr. J. Donald Matherne, a clinical psychologist, testified as an expert; he described a controversial methodology to assess penetration and concluded there was an allegation of sexual abuse.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of expert testimony | Collins argues Matherne's testimony was inadmissible under Rule 702 and merely echoed victim. | State contends the testimony fits admissible expert opinion about consistency with abuse and is based on experience. | Not plain error; admissible expert testimony. |
| Ineffective assistance of counsel for failing to object | Collins contends counsel was ineffective for not objecting to the testimony. | State asserts no reasonable probability the outcome would change if objected. | No reasonable probability of different result; claim dismissed without prejudice to post-conviction relief. |
Key Cases Cited
- Brown v. State, 995 So.2d 698 (Miss. 2008) (plain-error standard for fundamental-rights miscarriage)
- Burbank v. State, 800 So.2d 540 (Miss. Ct. App. 2001) (psychologist's assessment may be consistent with abuse)
- Hall v. State, 611 So.2d 915 (Miss. 1992) (admissibility of expert conclusions related to abuse)
- Withers v. State, 907 So.2d 342 (Miss. 2005) (unarmed corroboration principle for expert testimony)
- Doby v. State, 532 So.2d 584 (Miss. 1988) (single-witness sufficiency for conviction)
- Moore v. State, 933 So.2d 910 (Miss. 2006) (jury weighs credibility of witnesses)
- Colenburg v. State, 735 So.2d 1099 (Miss. Ct. App. 1999) (direct-appeal review of ineffective-assistance claims)