232 So.3d 739
Miss. Ct. App.2017Background
- Jairus Collins was indicted in Nov. 2012 for murder (Count I) and possession of a .40 cal handgun by a convicted felon (Count II); counts were severed for separate trials.
- Collins was tried and convicted of murder in Mar. 2013; that conviction was later reversed by the Mississippi Supreme Court and remanded.
- After the Supreme Court mandate issued, the State set Count II for trial in Feb. 2016; Collins moved in Oct. 2015 to dismiss Count II for violation of the statutory and constitutional speedy-trial rights.
- Trial evidence: purchaser Jessie Miles testified he gave Collins a .40 Hi-Point to repair in Nov. 2011 and Collins never returned it; the gun later was found in a plastic bag along I-59 with black tape on the grip and a partially obliterated serial number later restored by lab work.
- Jury convicted Collins of possession of a weapon by a convicted felon; at sentencing the court found prior convictions qualifying Collins as a habitual offender and imposed life without parole.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Statutory speedy-trial (Miss. Code §99-17-1) | Collins: trial >270 days after arraignment; dismissal required | State: Collins waived statutory right by not asserting it within 270 days; delays included defendant-initiated severance | Waived — Collins failed to timely assert statutory right, so no dismissal |
| Constitutional speedy-trial (Sixth Amendment & Miss. Const.) | Collins: nearly three-year delay between proceedings on Count I and Count II violated constitutional speedy-trial right | State: delay attributable in part to defendant; Collins did not assert right earlier and showed no prejudice | No violation — balancing Barker factors: length presumptively prejudicial but Collins did not assert right and showed no actual prejudice |
| Weight of the evidence (motion for new trial) | Collins: insufficient/weak evidence (no fingerprints; Miles’s credibility doubtful) | State: Miles and other witnesses provided sufficient evidence linking Collins to the gun; jury resolves credibility | Affirmed — verdict not against overwhelming weight; trial court did not abuse discretion |
| Habitual-offender sentencing (Apprendi/Blakely challenge) | Collins: use of prior convictions to impose life violates Apprendi/Blakely | State: prior convictions are an exception; judge may find prior convictions for sentencing; rules of evidence don’t bar sentencing use | Valid — Apprendi/Blakely do not require jury proof of prior convictions; sentence upheld |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (establishes four-factor speedy-trial balancing test)
- Apprendi v. New Jersey, 530 U.S. 466 (fact increasing penalty beyond statutory maximum must be submitted to jury, except prior convictions)
- Blakely v. Washington, 542 U.S. 296 (applies Apprendi rule to sentencing enhancements)
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (standard for overturning verdict as against overwhelming weight of evidence)