Collins v. State
289 Ga. 666
| Ga. | 2011Background
- Dec. 1, 2006, Collins shot at a green Monte Carlo, killing Smalls IV, who was a passenger and three-year-old son of Smalls III.
- Collins later surrendered on Dec. 3, 2006.
- Eyewitnesses saw a white Cadillac shoot into the Monte Carlo; some witnesses were uncertain about the other car.
- Collins testified he fired at least six times and acted in self-defense; video from a dashboard camera captured the incident.
- Collins was convicted of malice murder, felony murder, two counts of aggravated assault, and possession of a firearm by a felon; conviction upheld on motion for new trial.
- Question on appeal concerns improper cross-examination about Collins’s pre-arrest silence and whether reversal is warranted despite overwhelming evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether improper cross-examination about pre-arrest silence requires reversal | Collins (State) argues no reversal due to overwhelming evidence | Collins argues improper comment on pre-arrest silence prejudiced trial | No reversible error despite improper questioning; overwhelming evidence supports conviction. |
| Whether the pre-arrest-silence issue was properly analyzed under state law | State contends door was opened to questioning | Collins did not open a door by direct testimony | Cross-examination improper but did not mandate reversal given sufficiency of evidence. |
| Whether evidence was sufficient to sustain guilt beyond a reasonable doubt | Jury properly credited eyewitness and video evidence | Self-defense theory negates intent | Evidence sufficient to sustain conviction beyond a reasonable doubt. |
Key Cases Cited
- Reynolds v. State, 285 Ga. 70 (2009) (pre-arrest silence not admissible; prosecutorial comment improper)
- Mallory v. State, 261 Ga. 625 (1991) (pre-arrest silence improper; opened door exceptions limited)
- Lampley v. State, 284 Ga. 37 (2008) (prosecutor’s questions about silence improper; no open door defense)
- Fullwood v. State, 304 Ga.App. 341 (2010) (opened door concept discussed in context of self-defense narrative)
- Wright v. State, 275 Ga. 427 (2002) (standard for when a conviction can be sustained despite improper evidence)
- Henry v. State, 278 Ga. 554 (2004) (overwhelming evidence can sustain verdict despite error)
- Barnes v. State, 269 Ga. 345 (1998) (overwhelming evidence supports affirmance)
- Brinson v. State, 289 Ga. 551 (2011) (trial court discretion on mistrial despite error)
- Branchfield v. State, 287 Ga. 869 (2010) (mistrial ruling and prosecutorial error considerations)