State of Tennessee v. Daniel Stephen Collins, E2016-02580-CCA-R3-CD

Victim (8-year-old daughter) reported on Dec. 22, 2014 that Defendant Daniel Collins pulled down her pants/underwear and "tickled" her genital area on at least two occasions that day. She told her mother the same night and was examined at a hospital the next day.
DCS investigator and physician interviewed/examined the child; physician found consistency in the child’s account and noted an unusual hymenal appearance but no STI.
Defendant gave varying accounts: denied intentional touching, later said there was wrestling/tickling and he might have "accidentally" touched her; coworkers testified about his inconsistent statements.
Jury convicted Collins of aggravated sexual battery (victim under 13), imposed nine years at 100%; Collins appealed raising three issues.
Trial court sentenced; appeal to Tennessee Court of Criminal Appeals affirmed the conviction.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Collins)	Held
Sufficiency of the evidence	Victim’s consistent testimony, physician corroboration, and jury credibility findings support conviction	Evidence was insufficient; alternative explanations (accident/wrestling) and inconsistent statements require acquittal	Affirmed: evidence sufficient; jury credited victim over defendant
Qualification of child witness & leading questions	Child was competent; limited leading questions allowable to develop testimony	Trial court erred by not formally qualifying child and allowing leading questions	Waived (no contemporaneous objection); even on merits, competency and limited leading questions were permissible
Presentment mens rea/formal charge sufficiency	Presentment referenced correct statute and put defendant on notice of elements (including intent)	Presentment defective for misstating/missing mens rea and not tracking jury instruction	Waived/insufficient; referencing code section and facts satisfied notice requirement; no relief
Election of offenses / unanimity (plain error)	State focused on the living-room incident in closing, supplying effective election	Multiple incidents presented; trial court should have required election and given unanimity instruction	No plain error: prosecutor’s closing effectively elected the living-room incident; no reversal

Jackson v. Virginia, 443 U.S. 307 (standard for appellate review of sufficiency of the evidence)
Bolin v. State, 405 S.W.2d 768 (Tenn. 1966) (trial judge and jury credibility determinations entitled to deference)
State v. Evans, 838 S.W.2d 185 (Tenn. 1992) (jury verdict accredits state witnesses)
State v. Johnson, 53 S.W.3d 628 (Tenn. 2001) (doctrine of election of offenses when multiple acts presented)
State v. Hammonds, 30 S.W.3d 294 (Tenn. 2000) (indictment sufficiency and notice requirements)
State v. Carter, 988 S.W.2d 145 (Tenn. 1999) (statutory citation in indictment can supply mens rea notice)