State v. Collins
2013 Ohio 5579
Ohio Ct. App.2013Background
- Victim Oliver Cardona cashed a paycheck, had about $700, missed his bus, and stopped at the Ice Box Tavern where bartender Theresa Fatica had previously banned defendant Travis Collins.
- Collins re-entered the bar after being told to leave; later Cardona and Collins ended up together in a cab en route to a gas station.
- At the gas station surveillance shows Cardona and Collins fall out of the cab and struggle; Cardona returned to the bar with a swollen temple, wet/soiled clothing, and reported a robbery.
- Police located and arrested Collins shortly after Cardona identified him; Fatica and Detective Lally corroborated Cardona’s appearance and statements.
- Collins testified he and Cardona fought over a rock of crack cocaine that Cardona swallowed and that Cardona voluntarily gave him $18; Collins admitted recent drug use and criminal history.
- The trial court convicted Collins of robbery (R.C. 2911.02(A)(2)), acquitted him of aggravated robbery, felonious assault, weapons offenses, and merged the robbery counts; Collins appealed on manifest-weight grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the robbery conviction is against the manifest weight of the evidence | State: Cardona’s testimony, corroborated by Fatica and Det. Lally and surveillance video, shows Collins hit Cardona and took his money during a theft — supports conviction | Collins: Inconsistent witness accounts and Cardona’s intoxication undermine credibility; alternative account that the dispute was over drugs and $18 was given | Court: Affirmed — weight favors Cardona; corroboration and excited-utterance support credibility; not a manifest miscarriage of justice |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (Ohio 1997) (standard for reviewing manifest-weight claims)
- State v. Taylor, 66 Ohio St.3d 295, 612 N.E.2d 316 (Ohio 1993) (explains reliability rationale for excited utterance exception)
