Collins v. State
2012 Del. LEXIS 589
| Del. | 2012Background
- Collins appealing judgments for Murder First Degree, two counts of Possession of a Firearm During a Felony, and three counts of Reckless Endangering First Degree stemming from Tinnin shooting.
- Two out-of-court statements under 11 Del. C. § 3507 identified Collins as shooter by Gibson and Romeo; both denied at trial, statements admitted via Det. Conner’s testimony.
- Gibson and Romeo were cross-examined; their statements related to events perceived and content of prior statements.
- Allen charge was given after the jury reported deadlock; jury returned verdict after further deliberations.
- Jury deliberated approximately 11 hours before verdict; Collins challenges the 3507 foundations and the Allen charge as coercive; court affirms conviction.
- Trial court proceedings and evidentiary rulings reviewed for abuse of discretion; standard favors affirmance if no substantial prejudice or coercion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gibson’s § 3507 statement foundation was proper | Collins: foundation lacking; Gibson not voluntary | State: Gibson’s statement voluntary; cross-examined; touched on content | Proper foundation under § 3507; no abuse of discretion |
| Whether Romeo’s § 3507 statement foundation was proper | Collins: in-court testimony didn’t touch on content of statement | State: Romeo voluntarily spoke; testimony touched on content | Proper foundation under § 3507; no abuse of discretion |
| Whether the Allen charge was coercive | Collins: error; language with majority/minority jurors coercive | State: not coercive under Streitfeld factors; admonitions adequate | Not plain error; no coercion; charge affirmed |
Key Cases Cited
- Keys v. State, 337 A.2d 18 (Del. 1975) (foundational requirements for 3507 admissions; events/perception and statement content must be touched)
- Hatcher v. State, 337 A.2d 30 (Del. 1975) (voluntariness and cross-examination considerations under § 3507)
- Ray v. State, 587 A.2d 439 (Del. 1991) (Sixth Amendment confrontation considerations for 3507)
- Johnson v. State, 338 A.2d 124 (Del. 1975) (confrontation and admissibility principles under 3507)
- Woodlin v. State, 3 A.3d 1087 (Del. 2010) (reciprocal foundational requirements for 3507 statements)
- Streitfeld v. State, 369 A.2d 674 (Del. 1977) (Streitfeld factors governing Allen charge coerciveness)
- Papantinas v. State, 820 A.2d 372 (Del. 2003) (language referencing case disposition permissible with safeguards)
- Smith v. State, 839 A.2d 666 (Del. 2003) (Allen charge language allowing disregard of comments with safeguards)
- Brown v. State, 369 A.2d 682 (Del. 1976) (admonitions to not surrender personal conscience in Allen charge)
- Mansion v. State, (Del. ? ) (Del.) (relates to permissibility of certain Allen charge phrasing)