Collins v. State
2012 Alas. App. LEXIS 162
Alaska Ct. App.2012Background
- Collins convicted of first-degree sexual assault; sentenced to 25 years with 5 suspended; appeal filed challenging conviction and sentence.
- Victim J.H. lived with her family in Wasilla; Collins was their family acquaintance and her sister's boyfriend.
- Incident occurred after a bonfire when J.H. awoke to Collins on top of her during intercourse, which she did not consent to.
- J.H. reported the assault the next day; evidence presented included medical examination showing injuries.
- Collins did not testify; defense argued the State showed only consensual sex and later false rape claim due to fear of father.
- Judge Smith limited evidence about J.H.’s prior sexual activity with her boyfriend and about her father’s alleged violence; Collins challenged these rulings.
- Court remanded for reconsideration whether Collins should be referred to a three-judge sentencing panel, based on legislative history and presumptive ranges for sex offenses.
- Two statutory mitigating factors were denied at sentencing and were affirmed upon review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial judge improperly limited evidence of prior sexual activity | Collins | Smith | No plain error; no abuse of discretion |
| Whether trial judge improperly limited cross-examination on father's violence history | Collins | Smith | No abuse of discretion |
| Whether case should be referred to three-judge panel for sentencing under 2006 law | Collins | Smith | Remand required for reconsideration and potential panel referral |
Key Cases Cited
- Knight v. State, 855 P.2d 1347 (Alaska App.1993) (presumptive ranges; use of mitigating factors to identify atypical cases)
- Luckart v. State, 270 P.3d 816 (Alaska App.2012) (panel misread authority; manifest unjust within presumptive range; remand to panel)
- Moore v. State, 174 P.3d 770 (Alaska App.2008) (application of AS 12.55.155(c)(8) to sexual offenses)
- Tazruk v. State, 67 P.3d 687 (Alaska App.2003) (application of AS 12.55.155(c)(21) to sexual offense)
- Smith v. State, 711 P.2d 561 (Alaska App.1985) (general evidentiary rulings; standard of review)