State of Tennessee v. Tommy Lee Collins, Jr.
M2015-01030-CCA-R3-CD
| Tenn. Crim. App. | May 16, 2017Background
- Police task force received tips from a confidential informant that an African-American man driving a silver four‑door Jaguar would deliver ~1/2 pound marijuana to Christina Long at a specific residence on May 16, 2013.
- Officers surveilled the address, encountered Long, and observed a silver Jaguar matching the tip; Deputy Miller activated lights, the Jaguar fled, and an ~11‑mile high‑speed pursuit with dangerous maneuvers ensued, ending when officers boxed in the car.
- Defendant Collins was the sole occupant; after arrest officers observed a maroon backpack on the front passenger floorboard containing ~349.17 g marijuana (multiple small bags) and a loaded 9mm pistol.
- At trial Collins denied knowledge or possession of the backpack contents and testified he was borrowing the Jaguar and fled because he feared civilians; Long denied facilitating drug sales.
- Collins was convicted of evading arrest (Class D), reckless endangerment (Class E), possession of marijuana with intent to sell/deliver (merged Class E), and employing a firearm during a dangerous felony (Class C); effective sentence 8 years.
- On appeal Collins raised sufficiency, suppression, Batson challenge to a peremptory strike of the only African‑American juror, disclosure of the confidential informant, and double jeopardy; the court reversed and remanded for a new trial based on a Batson violation.
Issues
| Issue | State's Argument | Collins' Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for marijuana and firearm convictions | Evidence (backpack in plain view within arm’s reach, quantity packaged for sale, pistol present) supports constructive possession and firearm use during dangerous felony | Evidence insufficient to link Collins to drugs or gun; backpack could have been under seat or belonged to others | Affirmed: evidence sufficient for possession and firearm conviction under Jackson standard |
| Motion to suppress (traffic stop/search) | CI tip reliability was stipulated/corroborated (vehicle, time, location); officers had reasonable suspicion/probable cause to stop; search within automobile exception | CI’s double‑hearsay and Ms. Long’s statements insufficient to support stop/search | Affirmed: trial court’s finding that officers had reasonable suspicion/probable cause was not preponderantly erroneous; other search challenges waived |
| Batson challenge to peremptory strike of African‑American juror | Prosecutor offered drug‑related family experience as race‑neutral reason | Strike pretextual because other jurors with similar drug‑experience answers were not struck; prosecutor’s treatment inconsistent | Reversed: court found prosecutor’s justification not credible/inconsistent and concluded Batson violation; new trial required |
| Disclosure of confidential informant identity | Issue waived—no pretrial motion to compel or contemporaneous request | Informant identity was material (Brady/Vanderford) and should have been disclosed | Waived: defendant failed to raise before/during trial; no relief on this basis |
| Double jeopardy (evading arrest vs reckless endangerment) | Dual convictions permissible under Cross/Watkins because offenses have different elements | Argued convictions should merge (relied on older precedent) | Affirmed: convictions do not violate double jeopardy under Blockburger/same‑elements analysis; no merger required |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes sufficiency standard for criminal convictions)
- Terry v. Ohio, 392 U.S. 1 (reasonable suspicion standard for investigatory stops)
- Whren v. United States, 517 U.S. 806 (traffic stops are seizures; objective reasonableness governs)
- Batson v. Kentucky, 476 U.S. 79 (prohibits race‑based peremptory challenges)
- Miller‑El v. Dretke, 545 U.S. 231 (comparative juror treatment probative of pretext in Batson context)
- Purkett v. Elem, 514 U.S. 765 (race‑neutral proffer need not be persuasive, but court must assess credibility)
- Blockburger v. United States, 284 U.S. 299 (same‑elements test for double jeopardy)
- State v. Cross, 362 S.W.3d 512 (Tenn. 2012) (dual convictions for evading arrest and reckless endangerment permissible)
- State v. Watkins, 362 S.W.3d 530 (Tenn. 2012) (adopts Blockburger same‑elements analysis for Tennessee double jeopardy review)