State v. Collins
2012 Ohio 3687
Ohio Ct. App.2012Background
- Collins was indicted in 2006 for setting a fire causing four child deaths.
- 2007 jury convicted him of four counts felony murder, five counts aggravated arson, and one arson; sentenced to 106.5 years to life.
- This court reversed in Collins I (2008) and remanded for new trial.
- In 2010 a second trial convicted him again of the same seven offenses; he was sentenced to 111.5 years to life.
- On appeal, this court remanded for resentencing to merge allied offenses; the State elected to proceed on felony murder counts, and Collins was resentenced to four 15-to-life terms with remaining arson sentences intact, for 71.5 years to life in total.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the four felony murder convictions should merge. | State maintains limited mandate allowed, no merge for felony murder due to multiple victims. | Collins contends merger with related offenses was required. | Res judicata bars merger challenge; four felony murders remain non-merged as previously decided. |
| Whether the aggravated arson of the building should merge with other offenses. | State elected to proceed on felony murder counts; merger resolved by prior remand. | Collins argues further merger with other arson or felony murder counts is required. | Res judicata bars additional merger challenges; only issues raised on direct appeal are reviewable. |
Key Cases Cited
- State v. Collins, 8th Dist. No. 95415, 2011-Ohio-3241 (2011) (mandate limited to merger issues; law of the case that four felony murders do not merge)
- State v. Saxon, 109 Ohio St.3d 176, 2006-Ohio-1245 (2006) (defendant barred from appealing sentence on remand if not raised on direct appeal)
- State v. Goldsmith, 8th Dist. No. 95073, 2011-Ohio-840 (2011) (res judicata bars raising issues not raised on direct appeal)
- State v. Wilson, 127 Ohio St.3d 406, 2010-Ohio-6285 (2010) (sax-on principle applied to resentencing review of merged offenses)
- State v. Whitfield, 124 Ohio St.3d 319, 2010-Ohio-2 (2010) (distinguishes which allied offenses may be merged on remand)
- State v. Pate, Cuyahoga App. No. 94876, 2011-Ohio-1692 (2011) (res judicata considerations in allied offenses context)
- State v. Bauldwin, Cuyahoga App. No. 94876, 2011-Ohio-1066 (2011) (res judicata and resentencing implications for allied offenses)
- State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314 (2010) (Supreme Court on merger of aggravated arson with felony murder)