State v. Collins
2011 Ohio 6365
Ohio Ct. App.2011Background
- Appellant Earl Collins was convicted by a jury in Columbiana County for rape of a child under 13, based on the account of M.S. (nearly 3 years old at the time).
- The incident occurred on March 27–28, 2008 when Collins babysat Soles’s child, M.S., and allegedly engaged in sexual contact with her; Soles overheard statements the next morning and confronted him.
- Collins fled Ohio for over a year after initial police contact and before indictment; he returned and was arrested September 30, 2009.
- Evidence included M.S.’s videotaped deposition and Dr. Paul McPherson’s deposition, plus various eyewitness and police testimony, as well as testimony regarding Soles’s observations and statements by Collins to others.
- Collins was indicted on one count of rape in violation of R.C. 2907.02(A)(1)(b), a first-degree felony, with an age-based specification, and sentenced to an indefinite term of 15 years to life with post-release control and registry as a Tier III offender.
- The trial court denied a Rule 29 motion for acquittal and Collins timely appealed on nine assignments of error, which the court overruled, affirming the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pre-arrest silence and related comments violated the Fifth Amendment. | Collins argues pre-arrest silence cited during the state’s case and in closing violated Leach. | Collins contends such comments were improper and prejudicial. | No reversible error; statements were not improperly used as substantive evidence and, in closing, were not plain error. |
| Whether M.S. was competent to testify as a four-year-old. | State contends Frazier factors support competence. | Collins challenges the court’s competence ruling as arbitrary. | Affirmed; trial court’s competency determination accorded deference and fell within reasonable discretion. |
| Whether allowing a videotaped deposition of the child victim violated Sixth Amendment/Confrontation concerns. | State complied with R.C. 2945.481 for deposition in lieu of live testimony. | Deposition should have required defendant’s attendance and cross-examination. | Without merit; deposition procedures complied with statute, and evidence admission did not violate confrontation rights. |
| Whether the closing arguments and certain prosecutorial comments violated due process or Fifth Amendment protections and affected the verdict. | State contends comments were fair and within closing argument latitude. | Prosecutor’s comments improperly referenced pre-arrest silence and coached testimony. | Misconduct found in some closing remarks but not so prejudicial as to require reversal; no cumulative error. |
| Whether the verdict was supported by sufficient evidence and was not against the manifest weight of the evidence. | State argues witness testimony and Collins’s admissions support guilt beyond reasonable doubt. | Sufficiency/weight challenges warrant reversal. | Conviction sustained; evidence, including M.S.’s statements and deposition, supports guilt beyond a reasonable doubt. |
Key Cases Cited
- State v. Leach, 102 Ohio St.3d 135 (2004-Ohio-2147) (pre-arrest silence cannot be used substantively to prove guilt; may impeach only)
- State v. Wallace, 37 Ohio St.3d 87 (1988) (excited utterance admissibility for child statements under Evid.R. 803(2))
- State v. Dever, 64 Ohio St.3d 401 (1992) (child statements in medical context; reliability considerations)
- State v. Davis, 76 Ohio St.3d 107 (1996) (prosecutor’s closing arguments and evidentiary limits)
- State v. Treesh, 90 Ohio St.3d 460 (2001) (standard for assessing prosecutorial misconduct affecting substantial rights)