Collins v. State
2012 Miss. App. LEXIS 567
Miss. Ct. App.2012Background
- A Neshoba County Circuit Court jury convicted Ronald Collins of gratification of lust involving a ten-year-old victim, Mary Smith.
- The trial court sentenced Collins to 15 years with 8 to serve, 7 suspended, and 5 years of post-release supervision.
- The incident occurred February 26, 2010 at the Smiths' home in Neshoba County after Collins visited from out of town.
- Mary testified Collins touched her private parts while she slept on a couch, with no penetration.
- Collins signed a waiver and confession after being Mirandized, which the State admitted at trial.
- The defense challenged the evidence’s sufficiency/weight, the redirected examination, and the confession’s voluntariness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Collins argues insufficient proof beyond reasonable doubt | Col ins contends elements not proven beyond doubt | Sufficient evidence established all elements |
| Redirect examination integrity | State’s cross-exam implied witness lied; redirect relevant | Defense argues trial judge erred in handling objection | No abuse of discretion; no prejudice; admission sustained |
| Admissibility of confession | confession was voluntary; Miranda rights properly administered | Confession coerced; denied rights; improper transcription | Confession voluntary; properly admitted |
Key Cases Cited
- Moore v. State, 933 So.2d 910 (Miss. 2006) (burden to prove voluntariness of confession)
- McClain v. State, 625 So.2d 774 (Miss. 1993) (review of evidence in favor of State on sufficiency)
- Morgan v. State, 681 So.2d 82 (Miss. 1996) (credibility of witnesses; standard for voluntariness)
- Bush v. State, 895 So.2d 836 (Miss. 2005) (weight vs. sufficiency; standard for new trial)
- Underwood v. State, 708 So.2d 18 (Miss. 1998) (confessions transcribed by officers proper if voluntary)
