State v. Collins
2011 Ohio 3241
Ohio Ct. App.2011Background
- Collins convicted of felony murder, aggravated arson, and arson after a remanded second trial; judgment affirmed in part, reversed in part, and remanded for resentencing.
- Fire on April 4, 2006 at 1554 East 105th Street in Cleveland killed four children by asphyxiation; a related gasoline fire destroyed a Monte Carlo vehicle parked blocks away.
- Evidence showed gasoline poured in front of JR Grant’s apartment and ignited, creating a fire that killed the four children on the third floor.
- Witness Woods testified to a feud with Collins over Woods’s relationship with Williams; Woods later identified Collins in statements and in a video tied to the crime.
- Cell phone records placed Collins near the bar where Williams worked and near the crime scene between 2:30 a.m. and 4:30 a.m.; Bennett later implicated Collins in both driving to procure gasoline and setting the fire.
- A co-defendant Bennett admitted involvement and provided corroborating details, including gasoline traces and video evidence; the state sought to salvage convictions after prior errors in the first trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppressible evidence from the Saab search | State (prosecution) | Collins | Overruled: probable cause supported seizure and Kia search proper after warrant; suppression denied. |
| Accomplice testimony weight instruction | State | Collins | Overruled: court properly instructed on accomplice testimony under R.C. 2923.03(D). |
| Manifest weight of the evidence | State | Collins | Overruled: verdict not against weight; evidence supported convictions. |
| Involuntary manslaughter instruction | State | Collins | Plain error not shown; no lesser-included instruction required given evidence of felony murder. |
| Reckless homicide instruction | State | Collins | Overruled: evidence did not support giving reckless homicide instructions; no acquittal on felony murder. |
| Allied offenses and sentencing | State | Collins | Remanded for selection of which allied offense to pursue at resentencing; aggravated arson merges with felony murder. |
Key Cases Cited
- State v. Burnside, 100 Ohio St.3d 152 (2003-Ohio-5372) (mixed questions of law and fact in suppression; credibility deference to trial court)
- State v. Fanning, 1 Ohio St.3d 19 (1982) (standard for weighing evidence; sufficiency vs. weight distinction)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause; totality of circumstances)
- Chambers v. Maroney, 399 U.S. 42 (1970) (temporary seizure/ search of vehicle before warrant)
- State v. Thomas, 40 Ohio St.3d 213 (1988) (lesser-included offenses; acquittal-capable evidence standard)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (distinguishing sufficiency from manifest weight; ‘thirteenth juror’)